Ezhumalai v. State by It'S Inspector of Police

ORDER The petitioners apprehends arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 351(3) of BNS, 2023 r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act (Amendment) Act, 2002 in Crime No. 192 of 2026 on the file of the respondent police seeks anticipatory bail. Page2 of 5

¶2The case of the prosecution is that there was a land dispute between the petitioners and the defacto complainant. Due to which, the petitioners assaulted the defacto complainant and others. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioners are innocent and they have not committed any offence as alleged by the de facto 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 submitted that this is a case and case in counter. He submits that the injured has been discharged from the hospital. He also submits that no previous case is pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record. Page3 of 5

¶6Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, from the submissions made by learned Government Advocate(crl.side), it is seen that the petitioners have no criminal antecedents and the injured has been discharged from the hospital on the same day. Hence, in such view of the circumstances, the custodial interrogation of the petitioners are 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, Sholingur, Ranipet District 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 Page4 of 5 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, 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 petitioner 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. 22-07-2026 NR To:

¶1The Judicial Magistrate, Sholingur, Ranipet District.

¶2Inspector of Police Sholingur Police Station, Sholingur,Ranipet District.

¶3The Public Prosecutor High Court of Madras CRLoOPoNo.o19535oofo2026 C.KUMARAPPAN,oJ. NR CRLoOPoNo.o19535oofo2026 22-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Ezhumalai 2. Sarala ..Petitioner(s) Vs State by it's Inspector of Police Sholingur Police Station, Sholingur, Ranipet District. Crime NO.192 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to bail in the event of their arrest in Crime No.192 of 2026 on the file of the Respondent. For Petitioner(s): M/S. K G SENTHIL KUMAR For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)