Selvakumar v. The State Rep by the Inspector of Police

ORDER The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 329(1), 324(4), 303(2) of BNS, 2023 in Crime No.241 of 2026, on the file of the respondent Police, seek anticipatory bail.

¶2The allegation against the petitioners is that due to a dispute over a sale agreement between the second petitioner and the de facto complainant regarding the possession of a property, the second petitioner, along with the other accused, committed theft of the fence and barbed wire belonging to the de facto complainant, thereby causing damage to the tune of Rs. 1,50,000/-. Hence, the complaint was registered

¶3The learned counsel appearing for the petitioners submitted that a sale agreement was entered into between the second accused and the de facto complainant, resulting in a civil dispute regarding the possession of the property. He further submitted that while the alleged occurrence took place on

30.06.2026, the FIR was registered after a delay of 19 days, on 19.07.2026. Page3 of 6 Hence, he prayed for the grant of 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 no one sustained any injuries and that the petitioners have no criminal antecedents. Hence, he opposed to grant anticipatory bail to the petitioners.

¶5I have given anxious consideration to the submissions made by the learned counsel on either side.

¶6Considering the totality of the circumstances of the case and the fact that no one sustained any injuries, the petitioners have no criminal antecedents and there was a delay in registering the FIR, at this length of time, this Court is of the view that 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 Judicial Page4 of 6 Magistrate No.I, Attur, 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 am for a period of two weeks and thereafter 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. 29-07-2026 DRL Page5 of 6 To

1.The Judicial Magistrate No.I, Attur.

2.The Inspector of Police Yethapur Police Station, Salem District.

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o20434oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o20434oofo2026 29-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Selvakumar S/o.Chinnathambi, Residing at No.323(1), Vasanthapuri, Thamaiyanur, Attur Taluk, Salem District. 2. Sasikala W/o.Selvakumar, Residing at No.323(1), Vasanthapuri, Thamaiyanur, Attur Taluk, Salem District. 3. Perumal S/o.Govindasamy, Residing at No.85, Vasanthapuri, Pethanaickenpalayam, Thamaiyanur, Attur Taluk, Salem District. 4. Selvi W/o. Annamalai, Residing at No.85, Vasanthapuri, Pethanaickenpalayam, Thamaiyanur, Attur Taluk, Salem District. ..Petitioner(s) Vs The State rep by the Inspector of Police Yethapur Police Station, Salem District. Crime No.241 of 2006. ..Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Page2 of 6 the event of their arrest in Crime no.241 of 2026 pending investigation on the file of the Respondent. For Petitioner(s): MR. E KANNADASAN For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)