S.P.Palanisamy v. State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. S.P.Palanisamy

2. Kannan ..Petitioners Vs State Rep by, The Inspector of Police, Kondalampatti Police Station, Salem City - 636 010.

[Crime No.267 of 2026] ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant anticipatory bail to the petitioners in the event of their arrest in Crime No.267 of 2026 on the file of the respondent police, namely, the Inspector of Police, Kondalampatti Police Station, Salem District, and pass such further or other orders. For Petitioners:

Mr.D.Velu 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 the Bharatiya Nyaya Sanhita, 2023 in Crime No.267 of 2026 on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that on 15.06.2026, at about 06:00 p.m., while the de facto complainant and his friends were playing cricket, the first petitioner abused the de facto complainant in filthy language, assaulted him with a cricket bat, and caused him injuries. It is further alleged that the second petitioner attempted to attack the de facto complainant with a cricket bat and chased him up to his residence. Hence, the complaint.

3. The learned counsel for the petitioners submits that this is a case and counter-case. He further submits that the petitioners are innocent and they have been falsely implicated in this case. He also 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 has already been discharged from the hospital 18.06.2026. 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, that the issue is between the neighbours, the injured has already been discharged from the hospital and the submission made by the learned Government Advocate (Criminal Side) that the petitioners have no criminal antecedents, 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 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-V, Salem 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 twice a day at 10.30 a.m, and 05.30 p.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.

23-06-2026 Index: Yes/No Speaking/Non-speaking order VEDA To 1.Judicial Magistrate - V, Salem.

2.The Inspector of Police, Kondalampatti Police Station, Salem City - 636 010.

3.The Public Prosecutor, Madras High Court.

C.KUMARAPPAN, J.

VEDA 23-06-2026