D.Muniyappan v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL

1. Muniyappan S/o Durai, Poosarivalasai Village, Paradarami Post, Gudiyatham Taluk, Vellore District.

2. Govidasamy S/o Durai, Poosarivalasai Village, Paradarami Post, Gudiyatham Taluk, Vellore District.

3. Balaji S/o.Muniyappan, Poosarivalasai Village, Paradarami Post, Gudiyatham Taluk, Vellore District.

4. Raniyammal S/o Muniyappan, Poosarivalasai Village, Paradarami Post, Gudiyatham Taluk, Vellore District.

..Petitioner(s) / Accused 1 to 4 Vs The State Rep By, The Inspector of Police, Paradarami Police Station, Paradarami,

Vellore District.

(Crime No. Not Known of 2026) ..Respondent(s) PRAYER :- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner on bail in the event of his arrest in Crime No. Not Known of 2026 on the file of the Inspector of Police, Paradarami Police Station, Paradarami, Vellore District and thus render justice.

For Petitioner(s):

Mr.G.Vinodhkumar For Respondent(s):

Mr.C.R.Malarvannan Additional Public Prosecutor

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 apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in Crime No. Not Known of 2026 on the file of the respondent-police.

3. The case of the prosecution is that on 06.05.2026 based on the previous enmity regarding civil dispute, there was a wordy quarrel between the petitioners and the defacto complainant, in which the petitioners attacked the

defacto complainant with hands and wooden logs. Hence the case.

4. Mr.G.Vinodhkumar, the learned counsel for the petitioners, submits that the petitioners are an innocent persons and they have not committed any offence as alleged by the prosecution. He further submits that the petitioners have been falsely implicated in this case. He however submits that the petitioners are ready to abide by any conditions to be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioners.

5. Per contra, C.R.Malarvannan, the learned Additional Public Prosecutor (Criminal Side) appearing for the respondent-police, submits that there are no previous cases against the petitioners. He further submits that if pre-arrest bail is granted to the petitioners, they will abscond and tamper with the evidence. He therefore prays to dismiss this Criminal Original Petition.

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

7. This is a case in counter. The respondent-police registered a case in Crime No.102 of 2026 for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS, 2023. It appears that the petitioners and the defacto complainant are neighbors. It is clear that there is property dispute between the petitioners and the defacto complainant. Hence the offence. It is

alleged that the petitioners attacked the defacto complainant using stones and hands. The defacto complainant was admitted in hospital on 06.05.2026 and discharged on 09.05.2026.

8. Considering the facts and circumstances, considering the facts that the injured has been discharged from the hospital, 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, Gudiyatham, within a period of 15 days from the date of receipt of a copy of this order, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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, Gudiyatham.

(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, Gudiyatham, 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 daily at 10.00 a.m. until further orders.

(iv) The petitioners should not enter into defacto complainant's house or his workplace.

(v) The petitioners shall make themselves available for interrogation by a police officer 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 him from disclosing such facts to the Court or to any police officer.

(vii) The petitioners shall also 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 previous permission of the Court.

(ix) The petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Gudiyatham. (x) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Gudiyatham 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 themselves as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

R.SAKTHIVEL, J.

MTL/JRS

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

22-05-2026 Index: Yes/No Speaking/Non-speaking order MTL/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, Gudiyatham.

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

3.The Public Prosecutor, High Court, Madras. 22-05-2026