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Madras High CourtCRL OP/15091/2026granted

Thiruvenkadam v. The State Rep.By Its

2026-06-16Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Thiruvenkadam

2. Sampath

3. Guna @ Karunagaran

4. Soundhar @ Soundharapandiyan ..Petitioners Vs The State rep.by its The Inspector of Police, Cr.No.317 of 2026.

..Respondent Prayer: Criminal Original Petition filed under section 482 of BNSS to enlarge the petitioners on bail in the event of their arrest in Cr.No.317 of 2026 on the file of the respondent police.

For Petitioners:

M/S. R.Raji For Respondent:

Mr.N.Palanivel, Govt.Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 351(3) and 74 of BNS, 2023 in Crime No.317 of 2026 on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioners and the de facto complainant quarrelled with each other and abused in filthy language. It is alleged that the petitioners threatened the de facto complainant with dire consequences. 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 the dispute is between the neighbours and the occurrence took place on 02.06.2026. He further submitted that the 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.

6. Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, taking into consideration of the totality of the circumstances and upon the fact that the injured person has been discharged from hospital, this Court is of the view that custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, 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 District Munsif cum Judicial Magistrate, Thiruvennainallur, 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 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 fifteen days 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.

16-06-2026 SHL To:

1. The Inspector of Police,

2. The Public Prosecutor High Court of Madras

3. The District Munsif cum Judicial Magistrate, Thiruvennainallur

C.KUMARAPPAN J.

SHL 16-06-2026

To The State rep.by its The Inspector of Police, Cr.No.317 of 2026.