Valliammal v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. Valliammal
2. Manokaran
3. Manoj Kumar ..Petitioner(s) Vs The State Rep by, The Inspector of police Gomangalam Police Station, Coimbatore District, (Crime No.104 of 2026) ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 of BNSS, pleased to enlarge the petitioner on bail in the event of his arrest or surrender in crime no.104 of 2026 pending investigation on the file of the respondent police. For Petitioner(s):
Mr.R Babu For Respondent(s):
Ms.R.S.Indira, Government Advocate (Criminal Side)
ORDER
The petitioners apprehend arrest for the alleged offences under Sections 296 (b), 115 (1) of BNS, and Section 4 of TNPHW Act, in Crime No.104 of 2026 on the file of the respondent police seek anticipatory bail.
2. The case of the prosecution is that the petitioners are the in-laws of the defacto-complainant. During a family dispute, the petitioners allegedly abused and attacked the defacto-complainant and her mother. Consequently, the defacto-complainant and her mother were admitted to the hospital. Hence, the case.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and had been falsely implicated in this case. He further states that the alleged occurrence took place on 21.05.2026, and the injured has been discharged from the hospital on the same day of admission. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that there are four accused persons in this case and petitioners are arrayed as A2 to A4. A1 is the husband of the defactocomplainant; he was already remanded and subsequently released on bail. He further submitted that A2 to A4 are the in-laws of the defacto-complainant. Upon instructions, he stated that the injured persons have been discharged from the hospital. However, he opposed the grant of anticipatory bail to the petitioners.
5.Considering the facts and circumstances of the case, the fact that the injured persons have been discharged from the hospital, the occurrence having taken place on 21.05.2026, and the co-accused (A1) already been arrested and released on bail, this Court is of the firm view that the custodial interrogation of the petitioners is not necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
6.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 Metropolitan Magistrate II, Pollachi, Coimbatore District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 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 shall report before the respondent police 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 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];
C.KUMARAPPAN, J.
(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
10-06-2026 ep To 1.The Judicial Magistrate II, Pollachi, Coimbatore District.
2.The Inspector of police Gomangalam Police Station, Coimbatore District.
3.The Public Prosecutor High Court of Madras.