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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Devika W/o. Ravichandran

2. Vijay S/o Ravichandiran,

3. Prasanth S/o Ravichandiran, No.1/225, Jaibeem Nagar, Pachchal, Tirupattur Taluk District ..Petitioner(s) Vs The State represented by:

The Inspector of Police Jolarpet Police Station, Tirupattur District.

[Crime No.207 of 2026] ..Respondent(s) PRAYER: This Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioners on bail in the event of their arrest by the respondent police concerned in Crime No.207 of 2026 on the file of the respondent police.

For Petitioner(s):

M/S R.Parthiban For Respondent(s):

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

ORDER

The petitioners, who apprehend arrest for the alleged offences under

Sections 296(b), 115(2), 118(1), 123 and 351(3) of B.N.S. in Crime No.207 of 2026, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that when the defacto complainant, who is working as an Assistant in a Fair Price Shop, being a Public servant, was discharging his official duty, the petitioners, being the consumers of the said shop, invited a wordy quarrel with the defacto complainant and abused him in filthy language and assaulted him using hands. Hence the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that according to the prosecution, due to the wordy quarrel between the parties, the accused assaulted the defacto complainant using hands, however the injured had taken treatment in the hospital only as an out-patient as there is no serious injury and this petitioners are ready and willing to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing the anticipatory bail petition, fairly submitted that the injured had taken treatment only as an out patient.

5. From the submissions made by the learned Government Advocate, it is seen that the occurrence took place on 12.06.2026 and the defacto complainant is a Fair Price Shop salesman and according to the prosecution, since the defacto complainant had committed some mistake and when the same was questioned by the petitioners, dispute arose between them, which resulted in a wordy quarrel and altercation. The defacto complainant has taken treatment only as an out-patient, which factum is not seriously disputed by the learned Government Advocate.

Therefore, looking into the factual position that the 1st petitioner is a woman and the 2nd and 3rd petitioners are the sons of the 1st petitioner, upon the fact that the defacto complainant had taken treatment only as an out-patient and taking into consideration of the fact that the occurrence was taken place on 12.06.

6. 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.II, Tirupattur 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 1st petitioner shall appear before the respondent police as and when required for interrogation and the 2nd and 3rd petitioners shall appear and sign before the respondent police daily 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 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

24-06-2026 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.II, Tirupattur.

2. The Inspector of Police, Jolarpet Police Station, Tirupattur District.

3. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 24-06-2026