Vinoth Kumar 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. Vinoth kumar
2. Madhan Kumar
3. Arun ..Petitioners Vs The State Rep By, The Inspector of Police Melpatti Police Station, Melpatti, Vellore District Crime No.52 of 2026.
..Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the event their arrest in Crime No.52 of 2026 on the file of the Inspector of Police, Melpatti Police Station, Melpatti, vellore.
For Petitioners:
Mr.G.Vinodhkumar For Respondent:
Ms.R.S.Indira, Govt.Advocate (Crl.Side)
ORDER
The petitioners apprehend arrest for the alleged offence under Sections 189(2), 296(b), 115(2), 118(1), 351(3) of BNS Act in Crime No. 52 of 2026 on
the file of the respondent police seek anticipatory bail.
2. The case of the prosecution is that the occurrence took place on 27.05.2026 in a temple festival. Initially, wordy quarrel broke in subsequently escalated into an assault and de facto complainant sustained injuries. Hence, the case.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the defacto complainant and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant 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 totally there are eight accused in this case and further submitted that injured person has been discharged from hospital. However, he opposed to grant anticipatory bail to the petitioners.
5. I have given my anxious consideration to either side submissions and perused the materials available on record.
Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, it is relevant to mention that the co-accused A1 to A4 have already been released in bail in Crl.MP.No.2940 of 2026 by the learned Judicial Magistrate, Gudiyatham on 03.06.2026. Hence, taking into consideration of the totality of the circumstances, and upon the fact that the injured has been discharged from hospital, this Court is of the view that at this length of time, custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
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, Gudiyatham, on condition that the petitioners shall execute a separate bond for a sum of Rs.
(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 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 SHL To:
1. The Judicial Magistrate, Gudiyatham
2. The Inspector of Police Melpatti Police Station, Melpatti, Vellore District
3. The Public Prosecutor High Court of Madras
C.KUMARAPPAN J.
SHL 09-06-2026