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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Vinothkumar S/o.Kumaresan, Residing at Mariamman Kovil Street, Periya Thellur Village, Anaicut Taluk, Vellore District.

2. Prathap S/o.Kumaresan, Both are Residing at Mariamman Kovil Street, Periya Thellur Village, Anaicut Taluk, Vellore District.

..Petitioner(s) Vs The State represented by:

The Inspector of Police, Ariyoor Police Station, Vellore District.

[Crime No.103 of 2026] ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of the arrest in connection with the crime No.103 of 2026 on the file of the respondent police.

For Petitioner(s):

M/s.T.Saravanan For Respondent(s):

Mr. N. Palanivel, Government Advocate (Criminal Side).

ORDER

The petitioners, who apprehend arrest for the alleged offences under Section 3 of TNPHW Act and Sections 115(2), 118(1), 296(b) and 351(3) of B.N.S. in Crime No.103 of 2026, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 07.06.2026 at about 8 p.m., due to the wordy quarrel, the petitioners abused and attacked the defacto complainant and her family members and caused injury. Hence the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and due to the family dispute, a false case has been registered against the petitioners. He would further submit that according to the prosecution, the petitioners attacked the defacto complainant and caused injuries, however, the injured was discharged from the hospital. It is further submitted by the petitioners that the co-accused was already released on bail. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police has reiterated the prosecution case and opposed to grant anticipatory bail to the petitioners. However, he would fairly submit that the injured was discharged from the hospital.

5. Heard the submissions made by the learned counsel on either side and perused the materials available on record.

6. Having considered the fact that the occurrence took place on 07.06.2026, upon the fact that injured was discharged from the hospital and the fact that co-accused has already been released on bail vide order passed by the Judicial Magistrate, Additional Mahila Court, Vellore in Crl. M.P. No.5995 of 2026 dated 12.06.2026, this Court is of the view that the custodial interrogation of the petitioners is not required and therefore, 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 anticipatory 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.I, Vellore, on condition that the petitioners shall each execute a 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 fail to surrender before the concerned 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 appear and sign before the respondent police daily at 10.30 a.m., and 5.30 p.m., for a period of two weeks; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

15-06-2026 MJS

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.I, Vellore.

2. The Inspector of Police, Ariyoor Police Station, Vellore District.

3. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 15-06-2026