Shankar v. The State Rep by the Inspector of Police

ORDER The petitioners apprehends arrest for the alleged offence under Sections 296(b), 115(2), 118(1) and 351(3) of BNS Act, 2023 in Crime No.125 of 2026 on the file of the respondent police seek anticipatory bail.

¶2The allegation against the petitioners is that due to an extramarital relationship between the de facto complainant and the first accused, a wordy altercation escalated between the parties on the date of the alleged occurrence, during which the petitioners assaulted the de facto complainant, thereby causing injuries to him. Hence, this case.

¶3The learned counsel for the petitioners submitted that it is a case of case and counter and the occurrence took place on 30.07.2026. He further submitted that the petitioners are innocent and have been falsely implicated in this case. 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 Page3 of 6 respondent police reiterated the prosecution case and submitted that the injured person has been discharged from the hospital and that the petitioners have no criminal antecedents. However, she 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 facts and circumstances of the case, the nature of the allegations against the petitioners, the fact that the injured person has been discharged from the hospital, and that the petitioners have no criminal antecedents, this Court is of the view that at this length of time, the custodial interrogation of the petitioners 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, Tirukkoyilur, 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: Page4 of 6

(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 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, Tirukkoyilur.

2.The Inspector of Police Rishivandhiyam Police Station, Kallakurichi, Villupuram District.

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o21649oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o21649oofo2026 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. Shankar No.1-55A, North Street, Kattuedaiyar, Ulundurpet, Villupuram. 2. Anjalai W/o.Shankar, No.1-55A, North Street, Kattuedaiyar, Ulundurpet, Villupuram - 605751. 3. Renuka W/o.Anbazhagan, No.165, South Street, Kattuedaiyar, Ulundurpet, Villupuram - 605751. 4. Prasanth C/o.Anbazhagan, No.2/108, Middle Street, Kattuedaiyar, Ulundurpet, Villupuram - 605751. ..Petitioner(s) Vs The State rep by the Inspector of Police Rishivandhiyam Police Station, Kallakurichi, Villupuram District. Crime no.125 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 his arrest in Crime no.125 of 2026 on the file of the Respondent Police. Page2 of 6 For Petitioner(s): MR. A Nirmal Kumar For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)