Arumugam v. State Rep by Station House Officer

ORDER The petitioners, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 in connection with the case in Crime No.135 of 2026, seek anticipatory bail.

¶2The case of the prosecution is that due to wordy quarrel the petitioners attacked the defacto complainant over land dispute. Hence, the case.

¶3Learned counsel for the petitioners would contend that the petitioners are innocent; that they have been falsely implicated in this case and that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioners.

¶4The learned Government Advocate (Criminal Side) would submit that the due to wordy quarrel over land dispute attacked the defacto complainant; that the injured was discharged from hospital and there is no previous case as against the petitioner. However, vehemently opposed to grant Anticipatory Bail to the petitioners.

¶5Heard both sides and perused the materials available on record.

¶6Considering the rival submissions on either side, nature of offence, that there is a land dispute, the injured was discharged from the hospital and there is no previous cases pending as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

¶7Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sankarapuram on condition that the each petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed 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 petitioners shall report before the respondent police every Saturday at 10.30 a.m., for a period of four weeks; [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 action against the petitioners 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S. 14-05-2026 dhk Index:Yes/No Speaking/Non-speaking order Internet:Yes Note

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

¶2All 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 Inspector of Officer, Sankarapuram Police Station, Kallakurichi District, Crime No.135 of 2026

2.The Judicial Magistrate, Sankarapuram

3.The Public Prosecutor Madras High Court P.DHANABAL J. dhk CRL OP No. 12509 of 2026

14-05-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-05-2026 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL 1. Arumugam S/o. Periyasamy, Arasampattu Village, Sankarapuram Taluk, Kallakurichi District and 2 Others 2. Ajantha W/o. Arumugam, Arasampattu Village, Sankarapuram Taluk, Kallakurichi District 3. Ajantha Arasampattu Village,Sankarapuram Taluk,Kallakurichi District Petitioner(s) Vs 1. State rep by Station House Officer The Inspector of Officer, Sankarapuram Police Station, Kallakurichi District, Crime No.135 of 2026 Respondent(s) PRAYER: Petition filed under Section 482 of BNSS, 2023 to enlarge the petitioners on bail in the event of their arrest by the respondent police concerned in Crime No.135 of 2026 on the file of the respondent police. For Petitioner(s): Mr.M. Shimiyon Edwin For Respondent(s): Mr.A.Gopinath Government Advocate (Crl.Side)