Arumugam v. State Rep By, the Inspector of Police

ORDER The petitioners apprehends arrest for the alleged offence under Sections Page2 of 6 296(b), 303(2), 329, 324 and 351(3) of BNS and Section 4 of TNPHW Act, in Crime No.201 of 2026 on the file of the respondent police seek anticipatory bail.

¶2The allegation against the petitioners is that they trespassed into the disputed property, abused and assaulted the defacto complainant, caused injuries, criminally intimidated her, looted cash from her car, and damaged its window glasses. Hence, the complaint.

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

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners have two previous cases pending against them and that in the said alleged occurrence, no one sustained any injuries. However, she opposed to grant anticipatory bail to the petitioners.

¶5I have given anxious consideration to the submissions made by the Page3 of 6 learned counsel on either side.

¶6Considering the submissions made by the learned counsel on either side, it is seen that the dispute arises out of an immovable property, no one sustained injuries and it is a case and case in counter. Though the petitioners have two previous cases, considering that the first petitioner is aged about 73 years, the second petitioner is his son, this Court is of the firm view that their custodial interrogation is not required. 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 No.II, Pollachi 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 Page4 of 6 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 first petitioner shall report before the respondent police as and when required for interrogation and the second petitioner shall report before the respondent police daily at 10.30 a.m., 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. 06-08-2026 DRL Page5 of 6 To

1.The Judicial Magistrate No.II, Pollachi.

2.The Inspector of Police Negamam Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o21630oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o21630oofo2026 06-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Arumugam S/o. Karuppegounder, Sanimadai Thottam, Kattampatti, Kinathikadavu, Coimbatore District. 2. Yuvaraj S/o. Arumugam, Thotathuroad, Kattampatti, Coimbatore District. ..Petitioner(s) Vs State Rep By, The Inspector of Police Negamam Police Station, Coimbatore District. Crime No. 201 of 2026 ..Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No. 201 of 2026, pending on the file of the respondent and thus render justice. For Petitioner(s): MR. Camyles Gandhi W For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)