Vijay Balu v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. Vijay Balu
2. Mohanapriya C ..Petitioners Vs State rep by its, Inspector of Police, B1 Town Police Station, Dharmapuri Taluk, Dharmapuri District.
(Crime No.302/2026) ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.302 of 2026 on the file of the Inspector of Police, B1 Police Station, Dharmapuri. For Petitioner:
Ms.Sindhuza.M.S For Respondent:
Ms.R.S.Indira Government Advocate (Crl.Side)
ORDER
The petitioners apprehend arrest for the alleged offence under Sections 296(B), 115(2), 303(2) of the Bharatiya Nyaya Sanhita, 2023 in Crime No.302 of 2026 on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that on 12.05.2026, the 1st petitioner, son of the de facto complainant, removed certain title deeds from the complainant's custody due to a property dispute, and subsequently assaulted and injured him.
3. The learned counsel for the petitioners submits that the 1st and 2nd petitioners are husband and wife, and the 2nd petitioner had no role in the alleged offence. He further submits that the counter-statement filed by the petitioners indicates that several of the documents do not stand in the name of the de facto complainant, and that none were removed by the petitioners. Hence, he prays for the grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case but submitted that there are no adverse antecedents against the petitioners and no one was injured. However, she opposed the grant of anticipatory bail to the petitioners.
5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.
6. Considering the totality of the circumstances, that no one was injured, that the 1st petitioner and the de facto complainant are son and father, and that the 2nd petitioner is a woman, this Court finds that the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, 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 - I, Dharmapuri on condition that the petitioners shall execute a separate bond 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 report before the respondent police twice a day at 10.30 a.m. and 05.30 p.m., until further orders;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
19-06-2026 Index: Yes/No Speaking/Non-speaking order VEDA To 1.Judicial Magistrate-I, Dharmapuri.
2.Inspector of Police, B1 Town Police Station, Dharmapuri Taluk, Dharmapuri District.
3.The Public Prosecutor, Madras High Court.
C.KUMARAPPAN, J.
VEDA 19-06-2026