Vijayan v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Vijayan

2. V.Karthikeyan

3. V.Jeeva @ Jeevanaanthan ..Petitioners Vs The State of Tamil Nadu represented by The Inspector of Police, Jolarpet Police Station, Thirupattur District.

(Crime No.167 of 2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant Anticipatory Bail to the petitioners in the event of their arrest or surrender in connection with the case in Cr.No.167 of 2026 on the file of the respondent police. For Petitioners:

Mr. S.V. Karthikeyan For Respondent:

Ms.R.S.Indira Government Advocate (Criminal Side)

ORDER

The petitioners apprehends arrest for the alleged offence under Sections 296(b). 109(1), 115(2), 118(1) and 351(3) of the Bharatiya Nyaya Sanhitha, 2023 in Crime No.167 of 2026 on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that on 17.05.2026, due to previous enmity in respect of a land dispute, the petitioners attacked the defacto complainant with weapons and thereby caused injuries. Hence, the case.

3. The learned counsel for the petitioners submitted that this is a case and counter. He further submitted that there are four accused and the present petitioners are A1 to A3. He also submitted that the 2nd petitioner, namely V.Karthikeyan, was subsequently arrested and released on bail. It is also the contention of the learned Counsel that the defacto complainant was remanded to judicial custody in the counter-case and subsequently, enlarged on bail. He further submitted that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioners.

4.

Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioners have no previous case pending against them. However, he opposed the grant of bail to the Petitioners.

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

6. Considering the fact that the 2nd petitioner, namely, V.Karthikeyan, was subsequently arrested and released on bail, this Criminal Original Petition as against the 2nd petitioner stands dismissed as infructuous.

7. As far as the 1st and 3rd petitioners are concerned, taking note of the submission made by the learned Government Advocate (Crl.Side), the fact that there are no bad antecedents against these petitioners and also taking into consideration the date of occurrence of the alleged offence, this Court is of the firm view that, at this length of time, custodial interrogation of the 1st and 3rd petitioners is not required. Hence, this Court is inclined to enlarge the 1st and 3rd petitioners on anticipatory bail subject to certain conditions.

8. Accordingly, the 1st and 3rd 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 No.1, Tirupattur 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 1st and 3rd petitioners shall report before the respondent Police, daily 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.

03-06-2026 Index: Yes/No Speaking/Non-speaking order VEDA

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 the official website of this Court will be watermarked and will also have a QR code. To 1.The Judicial Magistrate No.1, Tirupattur.

2.The Inspector of Police, Jolarpet Police Station, Thirupattur District.

3.The Publci Prosecutor, Madras High Court.

C.KUMARAPPAN, J.

VEDA 03-06-2026