Pachaiyammal v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. Pachaiyammal
2. Chinnaponnu
3. Porselvi ..Petitioner(s) Vs The State Rep By, The Inspector of Police Kannamangalam Police Station, Thiruvannamalai.
Crime No.111 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to grant bail to the petitioners in the event of their arrest in Crime No.111 of 2026 on the file of the respondent police. For Petitioner(s):
Saritha Sivakumar For Respondent(s):
R.S.Indira Government Advocate (Crl.side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 296(b), 118(1) and 351(3) of B.N.S. in Crime No. 111 of 2026 on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution as alleged in the FIR is that on 06.06.2026 at about 4.30 pm, the wife of the defacto complainant went to pick the cow,
which was grazing on the land of petitioners, at that time the petitioners abused the defacto complainant in a filthy language and also assaulted her with brick due to which, she sustained injury and threatened her with dire consequences. The injured was admitted in the hospital on 06.06.2026 and discharged on 09.06.2026. Hence, the case.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and upon instructions, submitted that the injured person has been discharged from the hospital on 09.06.2026. However, he 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, it is seen that this is a case and case in counter. While the defacto complainant was grazing his cattle in the petitioners' land, a wordy quarrel arose between them and the petitioners assaulted the defacto complainant. The injured got admitted in the hospital on 06.06.2026 and discharged on 09-06-2026 within three days. Considering the above circumstances and upon the fact that all the petitioners are women, at this length of time, the custodial interrogation of the petitioners are 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, Arni, Thiruvannamalai District 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, 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.
29-06-2026 Index: Yes/No Speaking/Non-speaking order nr
To:
1. The Judicial Magistrate, Arni, Thiruvannamalai District.
2. The Inspector of Police Kannamangalam Police Station Thiruvannamalai.
3.The Public Prosecutor, High Court of Madras.
C.KUMARAPPAN, J.
NR 29-06-2026