S.Rajesh v. The State Rep by the Inspector of Police

ORDER The petitioners apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(1) and 351(3) of BNS Act (Sections 294(b), 323, 324 and 506(ii) of IPC) in Crime No.79 of 2026 on the file of the respondent police seek anticipatory bail. Page2 of 5

¶2The case of the prosecution is that following a verbal altercation, the petitioners allegedly assaulted the de facto complainant and caused injuries. Hence, the case.

¶3The learned counsel for the petitioners submitted that the present case arises out of a case and counter-case. He further submitted that the petitioners are innocent and have been falsely implicated in this case. He also submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that there are no adverse antecedents against the petitioners. She further submitted that the injured was discharged from the hospital. However, she opposed to grant anticipatory bail to the petitioners.

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

¶6Considering the nature of the allegations, the fact that the injured person has been discharged from the hospital, and the submission of the learned Government Advocate (Criminal Side) that the petitioners have no adverse Page3 of 5 antecedents, this Court is of the firm view that custodial interrogation of the petitioners is not required. Accordingly, 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, Gudiyatham 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 proofs to ensure their identity;

(c) The petitioners shall report before the respondent police daily at 10.30 a.m., for the period of two weeks and thereafter, as and when required for interrogation; Page4 of 5

(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. 27-07-2026 Index: Yes/No Speaking/Non-speaking order VEDA To

1.Judicial Magistrate, Gudiyatham.

2.The Inspector of Police, Melpatti Police Station, Vellore District.

3.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o20071oofo2026 C.KUMARAPPAN,oJ. VEDA CRLoOPoNo.o20071oofo2026 27-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. S.Rajesh 2. S.Vimal @ Vimalraj 3. Kulla @ Vinoth Kumar.U 4. Parimala ..Petitioners Vs State Rep by: The Inspector of Police, Melpatti Police Station, Vellore District. [Crime No.79 of 2026] ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on Anticipatory Bail in the event of their arrest pending investigation in Crime No.79 of 2026 on the file of the Respondent. For Petitioners: Mr.T. Muruganantham For Respondent: Ms.R.S.Indira Government Advocate (Criminal Side)