Sellammal v. The State Rep.By

ORDER The petitioner apprehends arrest for the alleged offence under Sections 191(2), 296(b), 115(2), 118(2), 315(3) of BNS r/w 4 of TNPHW Act/ Sections 147, 294(b), 326, 506(ii) and 323 of IPC in Crime No. 315 of 2026 on the file of the respondent police seeks anticipatory bail. Page2 of 6

¶2The case of the prosecution is that there was a land dispute between petitioners and defacto complainant. On the occurrence day, the accused persons came to defacto complainant's land and abused him in a filthy language and also assaulted him. Due to which, he sustained injury. Hence, the case.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the injured has been discharged from the hospital on 23.06.2026 and this is a case and case in counter. However, he opposed to grant anticipatory bail to the petitioners.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record.

¶6Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, it is seen that defacto complainant owning land adjacent to the petitioners' land. In this connection, there was a dispute between them and a wordy quarrel arose which escalated into assault thereby, the defacto complainant sustained injury. However, from Page3 of 6 the submissions made by learned Government Advocate (Crl.Side), the injured got discharged from the hospital on 23-06-2026. Furthermore, the first accused is the woman. Considering the totality of the circumstances and upon the fact that injured got discharged and the issue is between neighboring land owners, this Court is of the view that at this length of time, custodial interrogation of the petitioners are not required for the purpose of investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate-II, Mettur on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioners fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify Page4 of 6 proofs to ensure their identity;

(c) The petitioners 2 to 5 shall stay in Coimbatore District and report before the Inspector of Police, R.S. Puram Police Station, Coimbatore City daily at 10:30 a.m., for a period of one week and thereafter, report before the respondent police, as and when required for interrogation; and 1st petitioner shall report before the respondent police as and when required for interrogation

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 01-07-2026 Index: Yes/No Speaking/Non-speaking order nr Page5 of 6 To:

¶1The Judicial Magistrate-II, Mettur.

¶2Inspector of Police, Mecheri Police Station, Salem district.

3.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o16635oofo2026 C.KUMARAPPAN,oJ. NR CRLoOPoNo.o16635oofo2026 01-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Sellammal 2. Murugan 3. Ammasi 4. Sengodan 5. Arunkumar ..Petitioner(s) Vs The State rep.by Inspector of Police, Mecheri Police Station, Salem district. Cr.No.315 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to grant anticipatory bail to this petitioners in the event of their arrest or on their appearance before any court in connection with the case in Cr.No.315 of 2026 pending investigation on the file of the respondent police. For Petitioner(s): D Lakshmipathy For Respondent(s): Mr.N.Palanivel Government Advocate (Crl.side)