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Madras High Court/12800/2026granted

Karunakaran v. State Of Tamil Nadu Represented By

2026-05-20Honourable Mr.Justice R.Sakthivel7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL

1. Karunakaran Son of Durugaiyan, Mariyamman Koil Street, Ussoor, Vellore District

2. Magaswari Wife of Manivannan Mariyamman Koil Street, Ussoor, Vellore District

3. Giridharan S/o. Mahendiran, Mariyamman Koil Street, Ussoor, Vellore District

4. Gokul Son of Charles Mariyamman Koil Street, Ussoor, Vellore District

5. Ramachandran S/o. Manivannan, Mariamman Koil Street, Ussoor, Vellore District

6. Devamuthan S/o. Karunakaran, Mariamman Koil Street, Ussoor, Vellore District ..Petitioners/Accused 1 to 6 Vs

State of Tamil Nadu represented by The Special Sub Inspector of Police, Ariyur Police Station, Vellore, Vellore District.

(in Crime No. 59 of 2026) ..Respondent/ Complainant PRAYER :- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioners on Anticipatory Bail in the event of arrest by the respondent police in Crime No. 59 of 2026 on the file of respondent police. For Petitioner(s):

Mr.C. Anbu, Advocate For Respondent(s):

Mr.V.Meganathan, Government Advocate (Crl. Side) ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 11.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of pre-arrest bail.

2. The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 126(2) and 118(1) of the Bharatiya Nyaya Sanhita and Section 3 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.59 of 2026 on the file of the respondent police.

3. The case of the prosecution is that the Defacto Complainant Manivannan and the 2nd Petitioner Magaswari are husband and wife. The 4th Petitioner/A3 Gokul and the 5th Petitioner/A2 Ramachandran are sons of Defacto Complainant. Due to the property dispute, the petitioners picked up a quarrel with the defacto complainant and also assaulted him. Hence the case.

4. Mr.C.Anbu, learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submits that the petitioners have permanent residence and therefore, prayed to grant anticipatory bail to the petitioners.

5. Mr.V.Meganathan, learned Government Advocate (Criminal Side) appearing for the respondent police submitted that due to property dispute, there was a wordy quarrel between the petitioners and the defacto complainant, in which, the petitioners had assaulted the defacto complainant by using stone. Hence, he was treated as out-patient in the hospital on 12.04.2026. He further submitted that there is no previous case against the petitioners.

6. Heard on both sides'. This Court has perused the records.

7. It is learnt that the defacto complainant Manivannan and the 2nd petitioner Magaswari are husband and wife. The 4th and 5th petitioners are the sons of defacto complainant and 2nd petitioner. In view of property dispute, there is altercation took place between the defacto complainant and the petitioners

and on the date of occurrence, there was a wordy quarrel between them. It is alleged that the petitioners have attacked the defacto complainant by using stone. In view of the same, he was treated as out-patient in the hospital on 12.04.2026. The petitioners have permanent residence and deep roots in the society. Hence, there is less possibility of absconding. There was no previous case against the petitioners. Hence, considering the further facts and circumstances of the case, the petitioners are not required for custodial interrogation and with a view to give one more opportunity to reform themselves, this Court is inclined to grant an order of pre-arrest bail to the petitioners subject to the following conditions.

(i) The petitioners shall be released on bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate-I, Vellore, within a period of 15 days from today, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, along with two sureties each for a like sum of Rs.10,000/- to the satisfaction of the learned Judicial Magistrate-I, Vellore.

(ii) The petitioners shall appear and sign before the respondent Police weekly once on Monday at 10.00 a.m until further orders;

(iii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]. The learned Judicial Magistrate-I, Vellore shall obtain a copy of any one of identity proofs to ensure their identity; (iv) The petitioners shall furnish their residence address and mobile numbers to the concerned Judicial Magistrate (v) The petitioners shall make themselves available for interrogation by police as and when required;

(vi) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; (vii) The petitioners shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; (viii) The petitioners shall not leave India without the prior permission of the trial Court; and (ix) On breach of any of the aforementioned conditions, the learned

Judicial Magistrate-I, Vellore is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

20-05-2026 Index: Yes/No Speaking/Non-speaking order RPP/JRS Note:- 1.Registry is directed to forthwith upload this order in the official website of this Court.

2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. To

1. The Judicial Magistrate-I, Vellore.

2.The Special Sub-Inspector of Police, Ariyur Police Station, Vellore, Vellore District. 3.The Public Prosecutor, High Court, Madras. R.SAKTHIVEL J.

RPP/JRS 20-05-2026