Elango v. The State Rep By, the Inspector of Police

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

18.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita

(BNSS), 2023, praying to grant an order of pre-arrest bail. Page1 of 8

¶2The petitioner/A1 apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 296(b), 324(4), 351(2) of BNS, 2023, in Crime No.33 of 2026, on the file of the respondent-police.

¶3The case of the prosecution is that on 15.11.2025, while the defacto complainant was coming from her house, the petitioner and two others verbally abused her and developed a wordy quarrel regarding construction of a shop in the petitioner's boundary and also damaged the Asbestos sheet of the shop. Hence, the case.

¶4Mr.S.Silambu Selvan, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated in this case. He also submits that the co-accused/A2 and A3 have been granted anticipatory bail. He, however, submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.

¶5Per contra, Mr.S.Balaji, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioner and the defacto complainant are neighbours and due to boundary dispute, the petitioner along with two other accused abused the defacto complainant with filthy Page2 of 8 language and also damaged the Asbestos sheet of the shop of the defacto complainant. He however, submits that there is no previous case against the petitioner.

¶6Heard on both sides. This Court has perused the materials available on record.

¶7Considering the facts and circumstances of the case, the nature of the offences; and that the petitioner has permanent residence and deep roots in society; there is less possibility of absconding; and further considering that there is no previous case against the petitioner; and with a view to give one more opportunity to reform himself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions:

(i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate No.1, Thiruvannamalai, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate No.1, Thiruvannamalai. Page3 of 8

(ii) 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 No.1, Thiruvannamalai, shall obtain a copy of any one of their identity proofs to ensure their identity.

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

(iv) The petitioner shall make himself available for interrogation by a police officer as and when required.

(v) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(vi) The petitioner shall not enter into the victim's house or his place;

(vii) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence.

(viii) The petitioner shall not leave India without the previous permission of the Court. Page4 of 8

(ix) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.1, Thiruvannamalai.

(x) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.1, Thiruvannamalai, or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioner 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. 21-05-2026 Index: Yes/No Speaking/Non-speaking order KSA-2 Page5 of 8 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. Page6 of 8 To

¶1The Judicial Magistrate No.1, Thiruvannamalai

¶2The Inspector of Police Veraiyur Police Station , Thiruvannamalai District

3.The Public Prosecutor, High Court, Madras. Page7 of 8 CRLoOPoNo.o13193oofo2026 R.SAKTHIVEL,oJ. KSA-2 CRLoOPoNo.o13193oofo2026 21-05-2026 Page8oofo8

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-05-2026 CORAM THE HON'BLE MR.JUSTICE R.SAKTHIVEL Elango S/o.Krishnamoorthy Mariamman Koil Street, Thenmattur post Kilnachipattu Sriramanashramam, Thiruvannamalai District – 606 603 ..Petitioner/Accused No.1 Vs The State Rep By, The Inspector of Police Veraiyur Police Station , Thiruvannamalai District Crime No.33 of 2026. ..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on Anticipatory Bail in the event of arrest in Crime No.33 of 2026 on the file of the Inspector of Police, Veraiyur Police Station, Thiruvannamalai District. For Petitioner(s): Mr.Silambu Selvan.S For Respondent(s): Mr.S.Balaji Government Advocate (Criminal Side)