Inbaraja v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. Inbaraja No.1/93, Perumal Koil Street, Brahmapuram, Katpadi Taluk,Vellore District.
2. Pandu S/o Subramani, No.1/93, Perumal Koil Street, Brahmapuram, Katpadi Taluk, Vellore District.
3. Uma W/o Pandu, No.1/93, Perumal Koil Street, Brahmapuram, Katpadi Taluk,Vellore District.
..Petitioner(s) Vs The State Rep By, The Inspector of Police Brahmapuram Police Station, Vellore.
Crime No.84 of 2026.
..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.84 of 2026 on the file of the respondent police.
For Petitioners:
Mr.S.Thirugnanam For Respondent(s):
Ms.R.S.Indira, Government Advocate (Crl.Side)
ORDER
The petitioners apprehend arrest at the hands of the respondent police for
the offences punishable under Sections 296(b), 115(2), 118(1), 126(2) and 351(2) of BNS, 2023 in Crime No.84 of 2026, on the file of the respondent Police, seek anticipatory bail.
2. The allegation against the petitioners is that, due to previous enmity, on 15.06.2026, the petitioners A1 to A3 abused the defacto complainant in filthy language, assaulted him with iron rod, thereby causing injuries, and criminally intimidated him with dire consequences. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and that they have not committed any offence as alleged by the prosecution. Hence, he seeks 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 dispute is due to previous enmity, between the neighbours. She further submitted that the occurrence arose out of previous enmity between neighbouring parties. She further submitted that the injured was admitted in the hospital on 14.06.2026 and discharged from the hospital on 17.06.2026. Hence, she opposed to grant anticipatory bail to the petitioners.
5. I have given anxious consideration to the submissions made by the learned counsel on either side.
6. Considering the totality of the circumstances of the case, the fact that the injured has been discharged from the hospital, the second petitioner is aged about 76 years, and the third petitioner is a woman, this Court is of the firm view that 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, Katpadi, Vellore 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 daily at 10.30 am 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.
30-06-2026 DRL To 1.The Judicial Magistrate, Katpadi, Vellore District.
2.The Inspector of Police Brahmapuram Police Station, Vellore.
3.The Public Prosecutor, High Court, Madras.
C.KUMARAPPAN, J.
DRL 30-06-2026