Thirupathi R v. The State Rep by the Inspector of Police

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

19.05.2026 under Section 482 of 'Bharatiya Nagarik Suraksha Sanhita, 2023' [henceforth 'B.N.S.S'] praying to grant an order of pre-arrest bail to them.

2.The petitioners/Accused, apprehend the arrest at the hands of the respondent police for the alleged offences punishable under Sections 191(2), 191(3), 296(b), 115(2) and 118(1) of Bharatiya Nyaya Sanhita, 2023 in Crime No.147 of 2026 on the file of the respondent police.

3.The case of the prosecution is that on 11.05.2026 at about 6.00 p.m., due to previous enmity, the petitioners along with other accused attacked the de-facto complainant, thereby the de facto complainant sustained injuries. Hence the case.

4.The learned counsel for the petitioner submitted that the petitioners are innocent and have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the injured have been discharged from the hospital. Accordingly, he prayed to grant an order of pre-arrest bail to the petitioners. Page3 of 6

5.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that due to previous enmity, the petitioners along with other accused attacked the de-facto complainant, thereby the de facto complainant sustained injuries. He further submitted that the injured have been admitted in the hospital on 11.05.2026 and discharged from the hospital on

14.05.2026. It is a case in counter. He further submitted that the petitioners have no previous case. However, he prayed to dismiss this Criminal Original Petition.

6.Heard both sides. This Court has perused the records.

¶7Considering the above facts and circumstances of the case and considering the fact that the petitioners have no previous case and that the injured has been discharge from the hospital, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions:

(i) The petitioners shall be released on bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Ambur at Thirupathur, within a period of 15 days from the date of receipt of a copy of this order, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, along with two sureties each for a like sum of Rs.10,000/- to the satisfaction of the learned Judicial Magistrate, Ambur at Thirupathur;

(ii) The sureties shall affix their photographs and left thumb impression in Page4 of 6 the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate, Ambur, Thirupathur shall obtain a copy of any one of identity proofs to ensure their identity;

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

(iv) The petitioners shall make himself available for interrogation by police 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;

(vi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Ambur, Thirupathur/Trial Judge is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 5560].

¶8Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra. 22-05-2026 Index: Yes/No Speaking/Non-speaking order RSI Page5 of 6 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, Ambur at Thirupathur.

2.The Inspector of Police, Ambur Town Police Station, Thirupathur District.

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o13453oofo2026 R.SAKTHIVEL,oJ. RSI CRLoOPoNo.o13453oofo2026 22-05-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-05-2026 CORAM THE HON'BLE MR.JUSTICE R.SAKTHIVEL 1. Thirupathi, R S/o.Rajagopal, No.42, Asanampattu Road, Kambi Kollai, Ambur, Vellore, Tamil Nadu – 635 802. 2. Annamalai Murugesan S/o.Murugesan, C26, Asanambattu Road, Kambikollai, Ambur, Vellore, Tamil Nadu – 635 802. ..Petitioners/Accused Nos.4 & 6 Vs The state represented by The Inspector of Police, Ambur Town Police Station, Thirupathur District. Crime No.147 of 2026 ..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioners on bail, in the event of their arrest, in crime No.147 of 2026 on the file of the Inspector of Police, Ambur Police station, Thirupathur District. For Petitioners: Mr.Siddharth, S. For Respondent: Mr.C.R.Malarvannan Government Advocate (Criminal Side) Page2 of 6