Palanisamy Alias Settu v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. Palanisamy @ Settu
2. Murugan
3. Natesan
4. Manikandan ..Petitioners Vs The State Represented by The Inspector of Police, Omalur Police Station, Salem District.
(Crime No.281 of 2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioners in the event of arrest in Crime No.281 of 2026 on the file of the respondent police. For Petitioner:
Mr.Kesavan.G For Respondent:
Mr.R.S.Indira, Government Advocate (Crl.Side)
ORDER
The petitioners apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 351(3) of Bharatiya Nyaya Sanhita, 2023 corresponding to Old Sections 294(b), 323, 324 and 506(ii) of Indian Penal Code, 1860 in Crime No.281 of 2026 on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that due to long standing civil dispute relating to ancestral land between the defacto complainant's family and the petitioners' family, the petitioners abused the defacto complainant and assaulted him. Hence the case.
3. The learned counsel appearing for the petitioner submitted that the petitioners are innocent and have been falsely implicated in this case without any basis. It is submitted that the petitioners are ready to cooperate with the investigation and they will appear before the respondent police as and when required. The learned counsel would further contend that the petitioners will not abscond or tamper with witnesses and are ready to abide by any condition imposed by this Court. Hence, he prayed for granting anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that due to long standing civil dispute relating to ancestral land between the defacto complainant's family and the petitioners' family, the petitioners abused the defacto complainant and assaulted him. He further submitted that injured has been discharged from the hospital on 22.05.2026. However, he opposed to grant anticipatory bail to the petitioners.
5. I have given anxious consideration to the submissions made by the learned counsel on either side.
6. Considering the facts and circumstances of the case and also taking note of the submissions made by the learned counsel on both sides that injured has been discharged from the hospital and further the fact that issue is in respect of land dispute, this Court is of the firm view that custodial interrogation of the petitioners are not required. Hence, 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, Omalur on condition that the petitioner shall execute a separate bond each 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 are directed to stay at Coimbatore District and report before the Inspector of Police, Puliyakulam Police Station, Coimbatore daily at 10.30 a.m. for a period of 30 days;
(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.
02-06-2026 NSL
C.KUMARAPPAN, J.
NSL To
1. The Inspector of Police, Omalur Police Station, Salem District.
2. The Public Prosecutor High Court of Madras.
3. The Judicial Magistrate, Omalur.
02-06-2026