Aswindhan v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Aswindhan

2. Udhayakumar

3. Anbazhagan

4. Sundaramoorthy

5. Krishnamoorthy

6. Ganapathy ..Petitioner(s) Vs State rep by the Inspector of Police Thirukovilur Police Station, kallakurichi District-605803 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to grant anticipatory bail to the petitioners 1 to 6 in the event of arrest by the respondent in connection with Cr.No.189/2026 dated 24.04.2026, on the file of the Thirukovilur Police Station and to pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner(s):

Mr.Manish P For Respondent(s):

MsR.S.Indira Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Sections

191(2), 191(3), 126(2), 115(2), 118(1) & 351(3), of the Bharatiya Nyaya Sanhita, 2023 (Corresponding to Sections 146, 147, 341, 323, 326 & 506 IPC), in Crime No.189 of 2026 on the file of the respondent police seek anticipatory bail.

2.

The case of the prosecution is that due to previous enmity, the accused wrongfully restrained the de facto complainant and others and assaulted them, causing injuries. Hence the case.

3.

Learned counsel appearing for the petitioners submitted that the petitioners are innocent and a false complaint has been lodged against them due to a previous enmity. He further submitted that this is a case of case and counter and that based on the complaint given by the petitioners' side, a counter case was registered against the de facto complainant and others. Hence, he prayed for the grant of anticipatory bail to the petitioners. 4.

Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for the grant of anticipatory bail to the petitioners. He further submitted that it is a case and counter case, wherein, both parties sustained injuries and took treatment in hospital. He also submitted that the co-accused in this case had already granted anticipatory bail by this Court in Crl Op Nos.11278, 11279 & 11280 of 2026

dated 30.04.2026.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the above facts and circumstances of the case and the nature of the allegation and further taking note of the fact that custodial interrogation of the petitioners are not required in this case, this Court is inclined to grant anticipatory bail to the petitioners with 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 Court, Thirukovilur, Kallakuruchi District, on condition that the petitioner shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner(s) 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 everyday at 10.30.a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner(s) in accordance with law as if the conditions have been imposed and the petitioner(s) 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 petitioner(s) thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

05-06-2026 GBI To 1.The Inspector of Police, Thirukovilur Police Station, Kallakurichi District-605 803.

2.The Judicial Magistrate Court, Thirukovilur, Kallakuruchi District. 3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

GBI 05-06-2026