Iyyappan v. The State Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-06-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Iyyappan S/o.Chinnadurai, No.17A, South street, Virudhachalam TK, Seduthankuppam, Neyveli, Cuddalore-607803.
..Petitioner(s) Vs The state rep.by, The Inspector of Police, Kadampuliyur Police station, Cuddalore.
Cr.No.185 of 2026.
..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on anticipatory bail in the event of petitioner arrest in Cr.No.185 of 2026 on the file of the respondent police.
For Petitioner(s):
MR. N.RANGANATHAN For Respondent(s):
MR.N. PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)
ORDER
The petitioner apprehends arrest for the alleged offences under Section 194 of BNSS 2023 @ 108 of BNS, Act in Crime No.185 of 2026 on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that, due to a money dispute, the deceased was allegedly threatened by the accused persons and was subsequently found hanging from a cashew tree under suspicious circumstances. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner.
4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the allegations against the petitioner are serious in nature and that the petitioner is arrayed as A3 in this case. He further submitted that the petitioner has one previous case pending against him. Hence, he opposed to grant anticipatory bail to the petitioner.
5. I have given my anxious consideration to either side submissions.
6. Considering the nature of the allegations and the fact that there is no specific overt act attributed against the petitioner in the FIR so as to attract Section 108 of BNS, this Court is of the view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions:
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Panrutti, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police daily at 10.30 for a period of four weeks and thereafter as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned
Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
11-06-2026 DRL To 1.The Judicial Magistrate No.II, Panrutti.
2.The Inspector of Police, Kadampuliyur Police station, Cuddalore.
3.The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
DRL 11-06-2026