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Madras High CourtCRL OP/13608/2026granted

Balamurali v. The State Rep By, The Inspector Of Police

2026-05-22Honourable Mr.Justice R.Sakthivel7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL

1. Balamurali

2. Naveen @ Naveen Prasath

3. Muthukumaran

4. Kamatchi ..Petitioners / Accused No. 1 to 4 Vs The State Rep by, The Inspector of Police, Anaikaranchathiram Police Station, Mayiladuthurai District.

(Crime No. 159 of 2026) ..Respondent / Complainant Prayer:

This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on bail, in the event of their arrest by the Respondent Police, pending investigation of the case in Crime No. 159 of 2026 on the file of the Respondent. For Petitioner(s):

Mr. M.Vijaya Ragavan For Respondent(s):

Mr. A.Amarnath Counsel of Government of Tamil Nadu (Criminal Side)

ORDER

This criminal original petition is filed by the petitioners on 19.05.2026 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on bail in connection with the crime No.159 of 2026 pending investigation on the file of the respondent police.

2. The case of the prosecution is that the defacto complainant and the petitioners are belonging to the same village and they are relatives. It is alleged that due to enmity between them there was frequent quarrel and it is their case that the petitioners have scolded the defacto complainant with filthy language and attacked them and also threatened them with dire consequences.

3. The case of the petitioners is that they have not committed any offence as alleged by the prosecution.

4. The learned counsel for the petitioners submitted that petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that no previous case is pending against the petitioners. Hence, he prayed to grant an order of pre-arrest bail to the petitioners.

5. The learned Counsel of Government of Tamil Nadu (Criminal Side) submitted that this case has been registered in Cr.No.159 of 2026 for the offences punishable under Sections 296 (b), 329 (4), 324 (2), 74 and 351 (3) of the Bharatiya Nyaya Sanhita, 2023. He further submitted that there is no previous case against the petitioners.

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

7. Considering the above facts and circumstances of the case; the nature of the offences alleged to have committed by the petitioners; the fact that there is no previous case against the petitioners, this court is inclined to grant an order of pre-arrest bail to the petitioners subject to the following conditions. (i) The petitioners shall be released on bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate, Sirkali, Mayiladuthurai District, within a period of 15 days from today, 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/- to the satisfaction of the learned Judicial Magistrate, Sirkali, Mayiladuthurai District; (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, Sirkali, Mayiladuthurai District, 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 shall make themselves available for interrogation by police 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 not enter into the defacto complainant's house and workplace; and (vii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Sirkali, Mayiladuthurai District/Trial Court is entitled to pass appropriate orders against the petitioner 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].

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

22-05-2026 Index: Yes/No Speaking/Non-speaking order KAN 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, Sirkali, Mayiladuthurai District.

2.The Inspector of Police, Anaikaranchathiram Police Station, Mayiladuthurai District.

3.The Public Prosecutor, Madras High Court.

R.SAKTHIVEL, J.

KAN 22-05-2026