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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Kogulraj S/o Sivalingam, Mariyamman Kovil Street, Perumpoondi Village, Gingee Taluk, Villupuram District ..Petitioner(s) Vs The State Rep By, The Inspector of Police Valathy Police Station, Villupuram District.

Crime No.108 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of arrest in Crime No.108 of 2026 on the file of the respondent police. For Petitioner(s):

MR. E.Sathiyaraj Elangovan For Respondent(s):

MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS Act, in Crime No.108 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that there was a dispute relating to the tractor business tractor between the petitioner and the defacto complainant, who are residents of the same village. Due to the said dispute, the accused attacked the defacto complainant with weapon on his head and nose of him, thereby causing injuries to him. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the injured is the petitioner's neighbour and that, owing to a wordy quarrel, the incident escalated into an assault. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that there are three accused in this case and the petitioner herein is arrayed as A3. He further submitted that the injured was admitted in the hospital from 19.04.2026 to 13.05.2026. He also submitted that the coaccused/A1 was released on bail in Crl.MP.No.240 of 2026 by the learned Judicial Magistrate, Gingee, Villupuram District. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given my anxious consideration to either side submissions.

6. Considering the nature of the allegations, the fact that the injured was discharged from the hospital and that the co-accused/A1 was also released on bail, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Gingee, Villupuram District, on condition that the 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 petitioner 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 petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required;

(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.

25-06-2026 DRL To 1.The Judicial Magistrate, Gingee, Villupuram District.

2.The Inspector of Police Valathy Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 25-06-2026