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Madras High CourtCRL OP/12848/2026granted

Ganapathi v. State Rep By The Inspector Of Police

2026-05-14Honourable Mr.Justice P. Dhanabal7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Ganapathi S/o. Mahalingam

2. Kumaran S/o. Krishnamoorthi

3. Subash S/o.Gandhi

4. Suresh S/o.Chakaravarthi

5. Ashok Kumar S/o.Gandhi, All are residing at Kollaimedu Periyar Yeriyur,Anaicut Taluk, Vellore District ..Petitioner(s) Vs State rep by the Inspector of Police Veppamkuppam Police Station, Veppamkuppam, Vellore District (Crime No. 117 of 2026) ..Respondent(s)

PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.117 of 2026 on the file of the Inspector of police, Veppankuppam Police Station, Veppankuppam, Vellore District and thus render justice For Petitioner(s):

Mr.Vinodh Kumar For Respondent(s):

Mr.A.Gopinath, Government Advocate (Crl.Side)

ORDER

The petitioners/A1 to A3, A5 and A6 who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 115(2), 118(1), 109(1) and 351(3) of BNS in connection with the case in Crime No.117 of 2026, seek anticipatory bail.

2. The case of the prosecution is that there was a dispute between the parties for conducting temple festival, due to which, the petitioners have attacked the defacto complainant and caused injuries to him.

3. The learned counsel for the petitioners submits that the petitioners are innocent and they have not committed any such offence as alleged by the prosecution and they have falsely implicated in this case. He further submitted

that it is a case and counter case and hence 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 further submitted that, apart from this case, the 1st petitioner has two previous case and the 2nd petitioner has 7 previous cases and it is a case and counter case. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6. Considering the rival submissions, nature of offences, injured discharged from the hospital, dispute between the parties in respect of conducting temple festival, though the petitioners are having some previous cases, in that cases bail was granted to them, this Court is inclined to grant anticipatory bail to the petitioners on 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 days from the date of receipt of a copy of this order, before the learned Judicial Magistrate -III, Vellore on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioners shall report before the respondent police daily at 10.00 p.m., until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as

laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

14-05-2026 VV 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 the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate -III, Vellore.

2. The Inspector of Police, Veppamkuppam Police Station, Veppamkuppam, Vellore District.

Vellore District.

3.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

VV 14-05-2026