D. Kumar v. State Rep By, the Inspector of Police

ORDER The petitioners apprehend arrest for the alleged offence under Sections 296(h), 115(2),351(2), of BNS 2023 r/w 4 of TN Prohibition of Harassment of Page2 of 5 Women Act, 2002 in Crime No.264 of 2026 on the file of the respondent police seek anticipatory bail.

¶2The case of the prosecution is that there was a pathway dispute due to which there was a wordy quarrel between the de facto complainant and the petitioners. Subsequently,the petitioners abused the de facto complainant in filthy language and attacked him with hands and caused injuries.

¶3The learned counsel for the petitioners submitted that the petitioner are innocent and they have not committed any offence as alleged by the defacto complainant and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and hence, opposed the grant of anticipatory bail to the petitioners.

¶5Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record. Page3 of 5

¶6Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); taking into consideration of the totality of the circumstances and the nature of allegation against these petitioners, this Court is of the firm view that 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 II, Tirupathur, 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; Page4 of 5

(c) The petitioners shall report before the respondent Police, everyday 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. 14-08-2026 SHL To:

¶1The Inspector of Police Kandili Police Station, Tirupathur

¶2The Judicial Magistrate II, Tirupathur.

¶3The Public Prosecutor High Court of Madras CRLoOPoNo.o22644oofo2026 N.RAMESHoJ. SHL CRLoOPoNo.o22644oofo2026 14-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH 1. D. Kumar 2. Venugopal 3. Rajesh Perumal 4. Thirumal Mani ..Petitioners Vs State Rep By, The Inspector of Police Kandili Police Station, Tirupathur, Crime No. 264 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioners, in the event of their arrest, concerned in Crime No. 264 of 2026, on the file of the Respondent Police. For Petitioners: Mr.R. Parthiban For Respondent: Mr.R.Rajasekaran Counsel for Government of Tamil Nadu (Criminal Side)