Sellamuthu v. The State Rep by the Inspector of Police

ORDER The petitioners apprehend arrest for the alleged offences under Sections 294(b), 115(2), 118(1) and 351(2) of BNS 2023 in Crime No.193 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that the defacto complainant is a real estate promoter. The petitioners are the neighbouring land owners of the defacto complainant. The dispute arose when the petitioners attempted to carry out repair work on a pipeline, which was objected to and interfered with by the de facto complainant, which led to a verbal altercation. Hence the complaint. Page3 of 6

¶3The learned counsel for the petitioners submitted that the petitioner are innocent persons and a false case has been foisted against the petitioners and that they have not committed any offence as alleged by the prosecution. He further submitted that the injured discharged from the hospital.

¶4Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and fairly submitted that the injured discharged from the hospital on 08.07.2026 and submitted that the petitioners have no criminal antecedent. However, he opposed to grant anticipatory bail to the petitioners.

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

¶6Considering the nature of the allegations and the fact that the petitioners have no criminal antecedent and also considering the fact that the injured discharged from the hospital, this Court is of the firm 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 Page4 of 6 the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Attur, Salem 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;

(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 for a period of two weeks and thereafter as and when required;

(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]; Page5 of 6

(e) If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 13-07-2026 Index: Yes/No Speaking/Non-speaking order MFA To

¶1The Judicial Magistrate -I, Attur, Salem.

¶2The Inspector of Police Attur Rural Police Station, Salem District.

¶3The Public Prosecutor, High Court, Chennai. CRLoOPoNo.o18203oofo2026 C.KUMARAPPAN,oJ. MFA CRLoOPoNo.o18203oofo2026 13-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Sellamuthu No.5/453, pookarar Thottam, Amman Nagar, Ammampalayam, Attur Taluk, Salem District. 2. Palanisamy S/o. Sellemuthu, No.5/453, Pookarar Thottam, Amman Nagar, Ammampalayam, Attur Taluk, Salem District. 3. Murugesan S/o. Sellamuthu, No.5/85, Gandhipuram, Ammampalayam, Attur Taluk, Salem District. 4. Shankar S/o. Subramani, No.2/204, Alangkattanur, Naduvaneri, Salem District. ..Petitioner(s) Vs The State rep by The Inspector of Police Attur Rural Police Station, Salem District. Page2 of 6 Crime No. 193 2026 ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS, praying to release the Petitioners on Anticipatory Bail in the event of their arrest by the respondent in Crime No.193 of 2026 on the file of Inspector of Police, Attur Rural Police Station, Salem District pending investigation and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render Justice. For Petitioner(s): M/S. K.V.Muthu Visakan For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)