Crl.O.P.No.16446 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.06.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.16446 of 2026 1.Praveenganth @ Theen 2.Vinoth Kumar 3.Vijayakanth ... Petitioners Vs. State Rep. by The Inspector of Police, Kilpennathur Police Station, Thiruvannamalai. (Crime No.80 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.80 of 2026 pending investigation on the file of the respondent police. For Petitioners : Ms.M.Kousalya For Respondent : Mrs.R.S.Indira, Government Advocate (Crl.Side) ORDER The petitioners apprehend arrest for the alleged offences under Sections 296(b), 126(2), 115(2), 118(1) and 351(3) of BNS, in Crime No.80 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16446 of 2026 of 2026 on the file of the respondent police seeks anticipatory bail. 2. The case of the prosecution is that on 24.04.2026 at about 6.00 p.m., the petitioners abused the de facto complainant in filthy language, assaulted him with a cricket bat and a beer bottle, causing injuries, and threatened him with dire consequences. 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. She further submitted that the petitioners are ready to co-operate with the investigation. Hence, she 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 one previous case of a similar nature is pending against each of the second and third petitioners. She further submitted that no previous case is pending against the first petitioner. She also contended that the injured has already been discharged from the hospital on 29.04.2026. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16446 of 2026 5. Taking into consideration of the totality of the circumstances and the fact that one previous case of a similar nature is pending against each of the second and third petitioners, this Court is not inclined to grant anticipatory bail to them. Accordingly, this Criminal Original Petition stands dismissed insofar as the second and third petitioners are concerned. 6. Insofar as the first petitioner is concerned, no previous case is pending against him and the fact 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 first petitioner is not required and this Court is inclined to grant anticipatory bail to the first petitioner, subject to certain conditions. 7. Accordingly, the first petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned District Munsif Court cum Judicial Magistrate, Kilpenathur, on condition that the petitioner shall execute a bond for a sum of 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16446 of 2026 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 first petitioner 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; (c) The first petitioner shall report before the respondent police daily at 10.30 a.m. for a period of four 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 first petitioner in accordance with law as if the conditions have been imposed and the first 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]; 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16446 of 2026 (e) If the first petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 8. In the result, this Criminal Original Petition is allowed insofar as the first petitioner is concerned and dismissed insofar as the second and third petitioners are concerned. 30.06.2026 cda To 1.The District Munsif Court cum Judicial Magistrate, Kilpenathur. 2.The Inspector of Police, Kilpennathur Police Station, Thiruvannamalai. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16446 of 2026 C.KUMARAPPAN, J. cda Crl.O.P.No.16446 of 2026 30.06.2026 6/6 https://www.mhc.tn.gov.in/judis