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Madras High CourtCRL OP/12697/2026granted

Sachin v. State Represented By The Inspector Of Police

2026-06-02Honourable Mr.Justice C.Kumarappan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Sachin S/o. Balasubramanian, No.2/248, Mariyamman Koil Near, Kotta Mettupatti, Salem District.

2. Sabarinathan @ Sabari S/o. Angapan, No.1/60, Adaikanur, Matukaranur Post, Omalur Taluk, Salem District.

3. Velumani @ Velu S/o.Duraisamy 6/48, Adaikanur, Matukaranur Post, Omalur Taluk, Salem District

4. Balasubramanian @ Balu S/o. Gopal, No.2/248, Mariyamman Koil Near, Kotta Mettupatti, Salem District.

..Petitioner(s) Vs

State Represented by The Inspector of Police Omalur Police Station, Salem District.

(Crime No.211 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.211 of 2026 pending investigation on the file the respondent police and pass such other orders deems fit and proper for the circumstances of the case and thus render justice.

For Petitioner(s):

Mr. M.Vinoth For Respondent(s):

Ms.R.S.Indira, Government Advocate (Crl.Side)

ORDER

The petitioners/A1 to A4 apprehend arrest for the alleged offence under Sections 296(b), 115(2) and 118(1) of BNS, 2023 (Under Section 294(b), 323 and 324 of IPC) in Crime No.211 of 2026 on the file of the respondent police seek anticipatory bail.

2. The allegation against the petitioners is that the petitioners abused the defacto complainant with filthy language and assaulted him with knife and thereby, the defacto complainant had sustained grievous injuries. Hence, a case has been registered against the petitioners.

3. The learned counsel for the petitioner would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He would further it is a case and case and counter and the petitioners are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, submitted that the injured has taken treatment as inpatient for a period of 10 days. However, the learned Government Advocate (Crl.Side) would fairly admit that the injured has been discharged from the hospital. Hence, she opposed to grant anticipatory bail to the petitioners.

5. At this juncture, the learned Counsel for the Petitioner would submit that this FIR Came to be registered only because of the election motive.

6. Considering the facts and circumstances of the case, taking note of the fact that the injured has already been discharged from the hospital and upon the

alleged overt act against these petitioners and the non requirement of custodial interrogation of the petitioners for investigation of the present case, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court, Omalur, on condition that each of the the petitioners shall execute separate bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioners shall stay at Sivagangai and report before the Inspector of Police, Sivagangai Town Police Station, Sivagangai, everyday at 10.30 a.m., for a period of 15 days and thereafter report before the respondent police as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

02-06-2026 Vv To

1. The Judicial Magistrate Court, Omalur.

2. The Inspector of Police Omalur Police Station, Salem District.

3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

VV 02-06-2026