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Madras High Court · body

2026 DAILYLAW 30098 (MAD)

Chinnaswamy v. State rep by

CRL OP/13575/2026 · 2026-06-05

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.13575 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.06.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.13575 of 2026 1.Chinnaswamy 2.Arthanari 3.Palaniyappan 4.Kumar 5.Srinivasan 6.Mariyappan 7.Thangamuthu ... Petitioners Vs. State Rep. by The Inspector of Police, Tharamangalam Police Station, Salem District. (Crime No.279 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.279 of 2026 pending investigation on the file of the respondent police. For Petitioners : Mr.V.Kumaravelan For Respondent : Mrs.R.S.Indira, Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13575 of 2026 ORDER The petitioners apprehend arrest for the alleged offences under Sections 189(2), 296(b), 118(1) and 351(2) of BNS Act r/w Section 4 of TNPHW Act, in Crime No.279 of 2026 on the file of the respondent police seeks anticipatory bail. 2. The allegation against the petitioners is that on 16.05.2026, due to a civil dispute, a wordy quarrel arose between the parties, during which the petitioners, along with other accused, assaulted the de facto complainant and caused injuries. Hence, the case. 3. The learned counsel for the petitioners submitted that the petitioners are innocent and have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He further submitted that the petitioners are ready to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed the anticipatory bail on the ground that a wordy 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13575 of 2026 quarrel erupted due to a civil dispute, and in furtherance thereof, the petitioners, along with other accused have assaulted the de facto complainant. She further submitted that the injured has been discharged from the hospital. 5. Taking into consideration the totality of the circumstances, including the fact that the occurrence took place on 16.05.2026 and that the injured has been discharged from the hospital, this Court is of the firm view that, at this length of time, further custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions. 6. Accordingly, the petitioners are ordered to be released on anticipatory 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 made ready, before the learned Judicial Magistrate, Omalur, Salem 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: 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13575 of 2026 (a) If the petitioners fails to surrender before the concerned 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 stay at Coimbatore and report before the Inspector of Police, B-1 Bazaar Police Station, Coimbatore, 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]; 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13575 of 2026 (e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 05.06.2026 cda To 1.The Judicial Magistrate, Omalur, Salem District. 2.The Inspector of Police, Tharamangalam Police Station, Salem District. 3.The Inspector of Police, B-1 Bazaar Police Station, Coimbatore. 4.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13575 of 2026 C.KUMARAPPAN, J. cda Crl.O.P.No.13575 of 2026 05.06.2026 6/6 https://www.mhc.tn.gov.in/judis