Munirathinam v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Munirathinam

2. Kamaraj

3. Balamurugan ..Petitioners Vs The State rep.by The Inspector of Police, Yercaud Police Station, Salem District.

[Cr.No.100 of 2026] ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on bail in the event of arrest in Cr.No.100 of 2026 on the file of the respondent. For Petitioners:

Deepak Kumar C For Respondent:

Ms.R.S.Indira Government 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, 2023 in Crime No.100 of 2026 on the file of the respondent police seek anticipatory bail.

2.The case of the prosecution is that the petitioners, under the influence of alcohol, abused the de facto complainant in filthy language, assaulted him with a knife, and caused him injuries. Hence, the complaint.

3. The learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. He further submits that the petitioners are ready to abide by any condition that may be imposed by this Court. Hence, he prays for the grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and submitted that the petitioners have no criminal antecedents. She further submitted that the injured person has already been discharged from the hospital. However, she 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. Considering the totality of the circumstances, the submission made by the learned Government Advocate (Criminal Side) that the petitioners have no criminal antecedents and that the injured has already been discharged from the hospital, this Court finds that the custodial interrogation of the petitioners is not

required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to stringent 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, Yercaud 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 are directed to stay at Trichy District and report before the Inspector of Police, Fort Police Station, Trichy District daily at 10.30 a.m., for a period of two weeks 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.

23-06-2026 Index: Yes/No Speaking/Non-speaking order VEDA To 1.District Munsif cum Judicial Magistrate, Yercaud. 2.The Inspector of Police, Yercaud Police Station, Salem District.

3.The Public Prosecutor, Madras High Court.

C.KUMARAPPAN, J.

VEDA 23-06-2026