Thailappan v. State Rep By, the Inspector of Police

ORDER The petitioners apprehend arrest for the alleged offences under Sections 115(2), 132, 189(2), 296(b) and 326(g) of the BNS in Crime No. 186 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that when the defacto complainant who is the Village Administrative Officer, attempted to survey the land as per directions of this Court, the petitioners and the other accused persons prevented her to do her duty and assaulted her. Hence the case.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and a false case has been foisted against them and that they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready to co-operate with the investigation and also to abide by any stringent condition that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioners.

¶4Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and fairly submitted that the petitioners have no previous case. However, he opposed to grant anticipatory bail to the petitioners. Page3 of 6

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

¶6Considering the nature of the allegations, the age of the petitioners, and the fact that they have no criminal antecedents, this Court is of the firm view that custodial interrogation is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions. 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 Magistrate No.I, Mettur 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 date of receipt of a copy of this order, this order shall stand automatically cancelled; Page4 of 6

(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 and 5.30 pm until further orders;

(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. 14-08-2026 Index: Yes/No Speaking/Non-speaking order MFA Page5 of 6 To

¶1The Judicial Magistrate No.I, Mettur.

¶2The Inspector of Police, Nangavalli Police Station, Nangavalli, Salem District.

¶3The Public Prosecutor, High Court, Chennai. CRLoOPoNo.o22641oofo2026 N.RAMESH,oJ. MFA CRLoOPoNo.o22641oofo2026 14-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH 1. Thailappan 2. Mariyammal ..Petitioners Vs State Rep By, The Inspector of Police Nangavalli Police station, Nangavalli, Salem District 636 454. Crime No.186 of 2026 ..Respondent PRAYER: This Criminal Original Petition is filed under Section 483 of BNSS praying to enlarge the petitioners on bail in the event of their arrest in Crime No. 186 of 2026 pending on the file of Inspector of Police, Nangavalli Police Station, Nangavalli, Salem district and pass any other order as this Honorable Court. For Petitioner(s): Mr. D. Narendran For Respondent(s): Mr..R.Rajasekaran, Govt.Advocate (Crl.Side) Page2 of 6