Thangaraj v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Thangaraj S/o.Chellan, Alathur village, Cheyyar taluk, Tiruvannamalai district.

2. Radha D/o.Murugesan, Alathur village, Cheyyar taluk, Tiruvannamalai district.

..Petitioner(s) Vs State represented by:

The Inspector of Police, Kilkodungaloor police station, Tiruvannamalai district.

[Cr.No.69 of 2026] ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of the arrest pending investigation in Cr.No.69 of 2026 on the file of respondent police.

For Petitioner(s):

M/S. S.Esakkimuthu For Respondent(s):

Ms.R.S.Indira, Government Advocate (Criminal side)

ORDER

The petitioners, who apprehend arrest for the alleged offences under Sections 296(b), 115(2), 118(1), and 351(3) of B.N.S. in Crime No.69 of 2026, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 02.05.2026, at about 5 p.m., the defacto complainant along with her husband came in a two wheeler, the petitioners waylaid the defacto complainant, abused and assaulted her with a knife on her neck, left leg and hand and also threatened with dire consequences. Hence the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have nothing to do with the commission of offence as alleged by the prosecution. The learned counsel would further submit that due to the previous enmity, the present complaint has been falsely registered against the petitioners. Hence, he prays to grant anticipatory bail to the petitioners.

4. At this juncture, though the learned Government Advocate (Crl.Side) appearing for the respondent police objected the anticipatory bail petition, he would fairly submit that the petitioners have no previous cases and 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. The occurrence took place on 02.05.2026 and according to the submission of the learned Government Advocate, the injured was discharged from the hospital on 15.05.2026, and the entire issue has been arisen, due to drawing of water from the common well. Under the said circumstances, at this length of time, custodial interrogation of the petitioners is not required and hence, 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, Vandavasi on condition that each petitioner shall 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 1st petitioner shall appear before the respondent police daily at 10.30 a.m. and 5.30 p.m. for a period of two weeks and the 2nd petitioner, being a woman, shall appear before the respondent 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 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.

22-06-2026 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, Vandavasi.

2. The Inspector of Police, Kilkodungaloor police station, Tiruvannamalai district.

3. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 22-06-2026