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Madras High CourtCRL OP(MD)/3440/2026granted

Chellaiya v. The State Of Tamil Nadu

2026-02-18Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Chellaiya

2. Oomaiyan

3. Periyapillai

4. Pandiyammal

5. Soundarya ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Melavalavu Police Station, Madurai District.

Cr.No.13 of 2026. ... Respondent/Complainant For Petitioners : Mr.Marimuthu M, Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.13 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 118(1), 351(3), 303(2) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.13 of 2026, seek anticipatory bail.

2. The case of the prosecution is that 160 bricks belonging to the defacto complainant were stolen on 19.01.2026. When the defacto complainant questioned the same, the accused persons, armed with iron rods and sticks, assaulted him and his wife, causing injuries and threatening him with death if he continued with the construction. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that 2/6

the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the first petitioner has one previous case pending against him and that the injured has been discharged from the hospital.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Melur, Madurai District, on condition that the petitioners shall execute a bond for a sum 3/6

of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the first petitioner shall report before the respondent police daily at 10.30 a.m for a period of one week and thereafter, as and when required for interrogation. The petitioners 2 to 5 shall report before the respondent police as and when required for interrogation. They have to co-operate for the investigation;

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate 4/6

action against the petitioner in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 18.02.2026 jbr TO

1. The Judicial Magistrate, Melur, Madurai District.

2. The Inspector of Police, Melavalavu Police Station, Madurai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.3440 of 2026 Date : 18/02/2026 6/6