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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Balraj S/o Sagadevan, No.232, Perumal kovil street, Sogandi, Molachur, Sunguvarchatram, Kancheepuram.

2. Perumal S/o Ellappan, No.315, Old Colony Perumal Kovl Street, Sogandi, Molachur, Sunguvarchatram, Kancheepuram.

..Petitioner(s) Vs The State Rep By, The Inspector of Police C2 Sunguvarchatram Police Station, Kancheepuram, Tamil Nadu - 602 106.

Crime No.0119 of 2026.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarging the petitioners in the event of arrest on anticipatory bail pending investigation in Crime No.0119 of 2026 on the file of the respondent police. For Petitioner(s):

MR.G.MOHANA KRISHNAN for M/s. Harsha Vardhini For Respondent(s):

MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE )

ORDER

The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 126(2), 118(1), 109(1), 351(3) of BNS, 2023 and 3(1) of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 in Crime No.0119 of 2026, on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that, on 29.05.2026, at about 10.30 a.m., the accused, armed with knives and wooden logs, allegedly wrongfully restrained the defacto complainant near Sogandi Ponniamman Temple, damaged the vehicle, assaulted the defacto complainant and another person, and threatened them. Based on the complaint, the present case was registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that there are totally five accused and the petitioners are A1 and A3 and that the co-accused have already been released on bail before the Sessions Court. He further submitted that they are ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the injured has already been discharged from the hospital, which fact was also reflected in the bail order passed by the learned Principal District and Sessions Judge, Kancheepuram, in Crl.MP.No.1019 of 2026 dated 08.06.2026. He further submitted that, as per the Accident Register, the injured sustained a laceration on the forehead with suturing in the frontal region. He further submitted that the second petitioner/A3, Perumal, is involved in three previous cases. Hence, he opposed to grant anticipatory bail to the petitioners.

5. At this juncture, the learned counsel for the petitioners submitted that the second petitioner / Perumal / A3 had been acquitted on 20.05.2026. In support of the said submission, the learned counsel also produced the E-courts status.

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

7. Considering the totality of the circumstances and the fact that the coaccused/A2, A4 and A5 have already been enlarged on bail and that the injured got discharged from the hospital, this Court is of the firm view that custodial

interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, 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, Sriperumbudur Court, Kancheepuram 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 slip (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 daily at 10.00 a.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.

09-06-2026 DRL To 1.The Judicial Magistrate, Sriperumbudur Court, Kancheepuram.

2. The Inspector of Police C2 Sunguvarchatram Police Station, Kancheepuram.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 09-06-2026