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2026 DAILYLAW 46487 (MAD)

M.Suresh v. State rep by, The Inspector of Police,

/16605/2026 · 2026-06-30

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 16605 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 16605 of 2026 1. M.Suresh S/o.Murugan, No.1/79, Kulaththu Mettu Street, Thurinjipattu, Thirupalapanthal Post, Thirukovilur Taluk, Kallakurichi District-605766. 2. S.Kavitha W/o.Suresh, No.1/79, Kulaththu Mettu Street, Thurinjipattu, Thirupalapanthal Post, Thirukovilur Taluk, Kallakurichi District - 605 766. 3. C.Elumalai S/o.Chinnathambi, No.2/12,South Street, Thurinjipattu, Thirupalapanthal Post, Thirukovilur Taluk, Kallakurichi District - 605 766. 4. M.Alex, S/o Suresh No.1/79, Kulaththu Mettu Street, Thurinjipattu, Thirupalapanthal Post, Thirukovilur Taluk, Kallakurichi District - 605 766. ..Petitioners Vs State rep by, The Inspector of Police, Thirupalapanthal Police Station, Kallakurichi District. Crime No.70/2026 ..Respondent/ https://www.mhc.tn.gov.in/judis CRL OP No. 16605 of 2026 __________ Page2 of 6 complainant PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail the petitioner in event of arrest in Crime.No.70 of 2026, on the file of Respondent Police. For Petitioners: M/s.R.Baskar For Respondent: MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) O R D E R The petitioners apprehend arrest for the alleged offences under Sections 296(b), 156(2), 118(1), 351(3) of BNS, 2023 in Crime No.70 of 2026, on the file of the respondent police seek anticipatory bail. 2. The case of the prosecution is that a dispute arose between the petitioners and the defacto complainant’s family regarding sharing the expenses for deepening a common well. On 04.06.2026, the dispute allegedly led to a quarrel and physical altercation, in which the defacto cmplainant’s husband sustained injuries. Based on the complaint lodged on 05.06.206, the respondent police registered the present case. 3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by https://www.mhc.tn.gov.in/judis CRL OP No. 16605 of 2026 __________ Page3 of 6 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. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and vehemently opposed to grant anticipatory bail to the petitioners. 5. considering that the dispute appears to have arisen out of a family disagreement regarding sharing the expenses for a common well, and having regard to the nature of the allegations, the injuries sustained and the stage of investigation this court is of the view that custodial interrogation of the petitioners is not warranted. Accordingly, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 6. Accordingly, 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, Thirukovilur, 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 https://www.mhc.tn.gov.in/judis CRL OP No. 16605 of 2026 __________ Page4 of 6 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 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 report before the respondent Police daily at 10.30 a.m., for a period of one week 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 abscond, a fresh FIR can be registered under Section 269 of BNS Act. 30-06-2026 JRS https://www.mhc.tn.gov.in/judis CRL OP No. 16605 of 2026 __________ Page5 of 6 To 1. The judicial Magistrate, Thirukovilur. 2.The Inspector of Police, Thirupalapanthal Police Station, Kallakurichi District. Crime No.70/2026 3. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 16605 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 16605 of 2026 30-06-2026 https://www.mhc.tn.gov.in/judis