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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Gunasekaran

2. Vijaya @ Vijayammal

3. Dinesh Kumar ..Petitioners Vs The State Rep By, The Inspector of Police, Arakkonam Town Police Station, Ranipet.

[Crime No.Unknown of 2026] ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant anticipatory bail to the petitioners in the event of their arrest in Crime No.Unknown of 2026 on the file of the respondent police.

For Petitioners:

Mr. N.Mahendra Babu For Respondent:

Mr.N.Palanivel Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 115(2), 118(1), 296(b), 351(3) of the Bharatiya Nyaya Sanhita, 2023 in Crime No.Unknown of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the de facto complainant's cow went missing. On account of suspicion, a verbal altercation ensued between the de facto complainant and the petitioner, which eventually escalated into a physical assault, resulting in the registration of the present complaint.

3. The learned Counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in the case. He also submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. 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 submitted that the defacto complainant has not sustained any injury. He further submitted that there are no adverse antecedents against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

6. From the submission made by the learned Government Advocate (Criminal Side), it is evident that the petitioners have no adverse antecedents. Considering the totality of the circumstances, the fact that the defacto complainant has not sustained any injury and that the 1st and 2nd petitioners are senior citizens, this Court finds that the custodial interrogation of the petitioners

is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners, 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 No.II, Arakkonam, 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 fail 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];

(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

16-06-2026 Index: Yes/No Speaking/Non-speaking order VEDA To 1.The Judicial Magistrate No.II, Arakkonam.

2.The Inspector of Police, Arakkonam Town Police Station, Ranipet.

3.The Public Prosecutor, Madras High Court.

C.KUMARAPPAN, J.

VEDA 16-06-2026