Boomadevi v. The State Rep. by the Inspector of Police

ORDER This Criminal Original Petition has been filed by the petitioners on

04.05.2026 under Section 482 of Bharathiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of pre-arrest bail.

¶2The petitioners/Accused persons, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of Bharatiya Nyaya Sanhita, 2023 in Crime No.196 of 2026, on the file of the respondent police.

3.The case of the prosecution is that on 23.04.2026 at about 8.00 p.m. due to previous enmity, the petitioners/accused along with other accused abused the defacto complainant and her son in filthy language and assaulted with each other. Hence, the case.

¶4The learned counsel for the petitioners submit that the petitioners are innocent and they have been falsely implicated in this case. Hence, he prays for grant an order of pre-arrest to the petitioners.

¶5The learned Government Advocate (Criminal side) appearing for the respondent, on instructions, submits that due to previous enmity, the petitioners along with other accused attacked with each other and there is no injury to anyone. It is a case of case in counter case. Hence, custodial interrogation of the petitioners are not required.

¶6Heard on both sides'. This Court has perused the records.

¶7Considering the facts and circumstances of the case and the nature of the offences, this Court is of the considered view that the custodial interrogation of the petitioners may not necessary. Therefore, this Court is inclined to grant an order of pre-arrest bail to the petitioners subject to the following conditions.

(i) The petitioner shall be released on bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate, Thirukoilur, within a period of 15 days from today, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- to the satisfaction of the learned Judicial Magistrate Thirukoilur.

(ii) The petitioners shall appear and sign before the respondent Police, daily at 10.00 a.m until further orders;

(iii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

(iv) The petitioners shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence;

(v) On breach of any of the aforementioned conditions, the learned Magistrate is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

¶8Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra. 20-05-2026 Rli Note:-

1.Registry is directed to forthwith upload this order in the official website of this Court.

2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. To

1.The Judicial Magistrate, Thirukoilur.

¶2The Inspector of Police Thirukoilur Police Station, Kallakurichi District.

¶3The Public Prosecution High Court of Madras. R.SAKTHIVEL J. Rli

20-05-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-05-2026 CORAM THE HONOURABLE MR.JUSTICE R.SAKTHIVEL 1. Boomadevi W/o.Arul 2. Pavalakodi W/o.Chakkarabani 3. Kuppayee@ Kuppayi W/o.Chakkarabani 4. Thangalanjan @ Thangasalam W/o.Thangamani @ Thangamalai 5. Adukkumalli W/o.Manikandan 6. Saraswathi W/o.Gopal Petitioners/Accused Nos.10,11,12,13,15 & 16 Vs The Inspector of Police Thirukoilur Police Station, Kallakurichi District. Cr.No.196 of 2026. Respondent/Complainant PRAYER Criminal Original Petition filed under Section 482 of Bhathiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioners on bail in the event of their arrest in connection with Crime No. 196 of 2026 on the file of the Respondent Police. For Petitioners: Mr.U.Kathiravan For Respondent: Mr.V.Meganathan, Government Advocate Criminal side