Prasanna v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. Prasanna
2. Srinath
3. Ragul
4. Esaiventhen ..Petitioners Vs State Rep. By The Inspector of Police Kandamangalam Police Station, Viluppuram District.
Crime No.100 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the Petitioners / accused on Anticipatory bail in Crime No.100 of 2026 in event of their arrest and pending investigation before the Respondent Police.
For Petitioners:
Mr.A. Anandharaj For Respondent:
Ms.R.S.Indira, Govt.Advocate (Crl.Side)
ORDER
The petitioners apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(1) and 351(3) of BNS in Crime No.100 of 2026 on the file
of the respondent police seek anticipatory bail.
2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the de-facto complainant due to previous enmity. Both parties attacked each other with hands and wooden sticks. Hence, the case.
3. The learned counsel for the petitioners submitted that the wordy quarrel broke out into an assault in a temple function between the de facto complainant and petitioners on 24.05.2026, due to which, the petitioners assaulted de facto complainant using iron rod.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured person has been admitted in hospital on 24.05.2026 and has been discharged on 30.05.2026. Hence, she 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, considering the totality of the circumstances and that the dispute took place between the neighbours and
upon the further fact that the injured got discharged, at this length of time, 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, Viluppuram, 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., until further orders; (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.
19-06-2026 SHL To:
1. The Judicial Magistrate No.II, Viluppuram
2. The Inspector of Police Kandamangalam Police Station, Viluppuram District.
3.The Public Prosecutor, High Court of Madras.
C.KUMARAPPAN J.
SHL 19-06-2026