Elumalai v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL CRL OP No. 13351 of 2026

1. Elumalai S/o.Palani Old Colony, Palapattu, Gingee Taluk, Villupuram District.

2. Mathiyazhagi W/o.Elumalai Old Colony, Palapattu, Gingee Taluk, Villupuram District.

3. Govinthavasan @ Govinthavel, S/o.Elumalai Old Colony, Palapattu, Gingee Taluk, Villupuram District.

...Petitioners/Accused 1 to 3

Vs The State Rep by The Inspector of Police, Ananthapuram Police Station, Villupuram District.

Crime No.176 of 2026

...Respondent/Complainant

Prayer : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the petitioners in Crime No.176 of 2026 on the file of the respondent police. For Petitioners :

Mr.C Munusamy For Respondent:

Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

This Criminal Original Petition has been filed by the petitioners on 19.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 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 296(b), 115(2) and 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.176 of 2026 on the file of the respondent-police.

3. The case of the prosecution is that due to a dispute regarding the irrigating land, the petitioners are said to have scolded and attacked the defacto complainant who is a neighbour. Hence, the present case.

4. Mr.C.Munusamy, the learned counsel for the petitioners, submits that the petitioners are innocent persons, they have not committed any offence as alleged by the prosecution and a false case has been foisted against the petitioners. He further submits that the petitioners and the defacto complainant are neighbours. The defacto complainant lodged a false complainant against the petitioners. He however submits that the petitioners are ready to abide by

any conditions that may be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioners.

5. Per contra, Mr.S.Yogaraja Sekar, learned Counsel for Government of Tamil Nadu (Criminal Side), appearing for the respondent-police, submits that the petitioners attacked the defacto complainant and threatened her with dire consequences. He further submits that no one has been injured. However, he prays to dismiss this Criminal Original Petition.

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

7. The petitioners have permanent residence and deep roots in the society. Hence, there is less possibility of absconding. Considering the same and also considering the nature of the offence alleged against the petitioners and taking note of the fact that no one has been injured and with a view to give an opportunity to the petitioners to reform themselves, this Court is inclined to grant pre-arrest bail to the petitioners. Accordingly, pre-arrest bail is granted to the petitioners subject to the following conditions: (i) The petitioners shall be released on pre-arrest bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate, Gingee, within a period of 15 days from the date on which the order copy is made ready, 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/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate, Gingee.

(ii) 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 shall obtain a copy of any one of identity proofs to ensure their identity. (iii) The petitioners shall appear and sign before the respondent-police weekly twice i.e., on every Monday, and Friday at 10.00 a.m. until further orders.

(iv) The petitioners shall make themselves available for interrogation by a police officer as and when required.

(v) 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. (vi) The petitioners shall also not, directly or indirectly, cause any threat to the defacto complainant, his/her family members and witnesses and shall not tamper the evidence.

(vii) The petitioners shall not leave India without the previous permission of the Court.

(viii) The petitioners shall furnish their residential address and mobile number to the concerned Magistrate.

(ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate or Trial Court, as the case may be, 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.

22-05-2026 dk/srm 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, Gingee.

2. The Inspector of Police, Ananthapuram Police Station, Villupuram District.

3. The Public Prosecutor, High Court of Madras.

R.SAKTHIVEL, J.

dk/srm CRL OP No. 13351 of 2026 22-05-2026