Kathiravan v. The State Rep by Inspector of Police

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

18.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita

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

¶2The petitioners apprehend arrest at the hands of the respondent-police for the offences punishable under Sections 296(b), 115(2), 324(2), 74, 351(3) of BNS, 2023, in Crime No.74 of 2026, on the file of the respondent-police.

¶3The case of the prosecution is that due to land dispute, the petitioners abused the defacto complainant with filthy language and attacked her with hands. Hence, the case.

¶4Mr.Saritha Sivakumar, the learned counsel for the petitioners, submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submits that the petitioners Page2 of 8 have been falsely implicated in this case. He, however, submits that the petitioners are 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 petitioners.

¶5Per contra, Mr.S.Balaji, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that, the petitioners/A1 to A5 abused the defacto complainant with filthy language and also attacked her with hands. He further submits that A1 has two previous cases against him; A4 and A5 have got one previous case against them.

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

¶7Considering the facts and circumstances of the case, the nature of the offences; and that the petitioners have permanent residence and deep roots in society; there is less possibility of absconding; and with a view to give one more opportunity to reform themselves, this Court is inclined to grant pre-arrest bail to the petitioners. Accordingly, pre-arrest bail is granted to the petitioners subject to the following conditions:

(i) The petitioners shall be released on pre-arrest bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate-Page3 of 8 cum-Additional Mahila Court, Dharmapuri, 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.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate-cum-Additional Mahila Court, Dharmapuri.

(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-cum-Additional Mahila Court, Dharmapuri, shall obtain a copy of any one of their identity proofs to ensure their identity.

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

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

(v) The petitioners 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. Page4 of 8

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

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

(viii) The petitioners shall not leave India without the previous permission of the Court.

(ix) The petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate-cum-Additional Mahila Court, Dharmapuri.

(x) On breach of any of the aforementioned conditions, the learned Judicial Magistrate-cum-Additional Mahila Court, Dharmapuri, or Trial Court, as the case may be, 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. Page5 of 8 21-05-2026 Index: Yes/No Speaking/Non-speaking order KSA-2 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-cum-Additional Mahila Court, Dharmapuri.

¶2The Inspector of Police Krishnapuram Police Station, Dharmapuri District

3.The Public Prosecutor, High Court, Madras. Page7 of 8 CRLoOPoNo.o13221oofo2026 R.SAKTHIVEL,oJ. KSA-2 CRLoOPoNo.o13221oofo2026 21-05-2026 Page8oofo8

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-05-2026 CORAM THE HON'BLE MR.JUSTICE R.SAKTHIVEL 1.Kathiravan Son of Natesan Nagasamuthiram Village, A.Murukkampatti Post, Karimangalam TK., Dharmapuri Dt. 2.Azhagiri Son of Natesan, Nagasamuthiram Village, A.Murukkampatti Post, Karimangalam TK., Dharmapuri Dt. 3.Saratha D/o. of Mathivanan, Nagasamuthiram Village, A.Murukkampatti Post, Karimangalam TK., Dharmapuri Dt. 4.Ramya W/o. Azhagiri, Nagasamuthiram Village, A.Murukkampatti Post, Karimangalam Taluk, Dharmapuri. 5.Kamsala Wife of Natesan, Nagasamuthiram Village, A.Murukkampatti Post, Karimangalam TK., Dharmapuri Dt. ..Petitioners/Accused Nos.1 to 5 Vs The State rep by Inspector of Police Krishnapuram Police Station, Dharmapuri District (Crime No.74 of 2026) ..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant Anticipatory bail to the Page1 of 8 petitioners in the event of their arrest in Crime No.74 of 2026 on the file of the respondent police. For Petitioner(s): Ms.Saritha Sivakumar For Respondent(s): Mr.S.Balaji Government Advocate (Criminal Side)