R Sanjay v. The State Rep by the Sub Inspector of Police

ORDER The petitioners apprehend arrest for the alleged offences under Sections 296(b), 115(2), and 118(1), of BNS in Crime No.244 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that there was a land dispute between the petitioners and the de facto complainant. When the de facto complainant was fencing his land, the accused persons abused him in filthy language, threatened him with dire consequences, and assaulted him, thereby causing injuries. Hence, the present complaint was filed.

¶3The learned counsel for the petitioners submitted that the petitioner are innocent persons and a false case has been foisted against the petitioners and that they have not committed any offence as alleged by the prosecution.

¶4Per contra, the learned Government Advocate (Crl. Side) appearing for the respondent-Police reiterated the prosecution case, but fairly submitted that the injured has been discharged from the hospital and that the petitioners have no criminal antecedents against them. He further submitted that the injuried discharged from the hospital on 09.07.2026. This case is a counter case to case Page3 of 6 in Crime No.245 of 2026. However, he opposed the grant of anticipatory bail to the petitioners.

¶5I have given my anxious consideration to either side submissions.

¶6Considering the nature of the allegations, the totality of the circumstances, and the fact that the injured person has been discharged from the hospital, as well as the fact that the petitioners have no criminal antecedents and some of them are women, this Court is of the firm view that the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, 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 District Munsif cum Judicial Magistrate, Edappadi on condition that each of the petitioners shall execute a 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 fail to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the Page4 of 6 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 slip (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioners shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required;

(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 are 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 abscond, a fresh FIR can be registered under Section 269 of BNS Act. 14-07-2026 Index: Yes/No Speaking/Non-speaking order MFA Page5 of 6 To

1.The District Munsif cum Judicial Magistrate, Edappadi.

¶2The Sub Inspector of Police Edappadi Police Station, Salem. Salem District.

¶3The Public Prosecutor, High Court, Chennai. CRLoOPoNo.o18372oofo2026 C.KUMARAPPAN,oJ. MFA CRLoOPoNo.o18372oofo2026 14-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. R Sanjay S/o.Ramesh, D.No.2/103A, Panangadu, Chettimankurichi, Edappadi,Salem District. 2. Akila W/o.Andavar, No.2/172A, Panangadu, Chettimankurichi Village, Edapppadi, Salem District. ..Petitioner(s) Vs The State rep by The Sub Inspector of Police Edappadi Police Station, Salem. Salem District. Crime No.244/2026 ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS, praying to enlarge the petitioners on bail in the event of their arrest in Crime NO.244/2026 on the file of respondent police and thus render justice. For Petitioner(s): Mr. K. Prabhakaran For Respondent(s): Mrs.R.S.Indira Government Advocate (Crl.Side) Page2 of 6