CRL OP No. 16268 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 16268 of 2026 1. Vijayakumar S/o. Rakku, 18, Attaikulam Street, Nagapattinam, Tamil Nadu 611001 2. Jayapriya Vijayakumar W/o. Vijayakumar, 18, Attaikulam Street, Nagapattinam, Tamil Nadu 611001 ..Petitioner(s) Vs STATE REP BY Inspector of Police Nagapattinam Town Police Station, Nagapattinam District. Crime No.161 of 2026 ..Respondent(s) Prayer:- Criminal Original is filed under Section 482 of BNSS, pleased to enlarge the petitioners on bail in event of their arrest in Crime No.161 of 2026 on the file of respondent police pending investigation and thus render justice. For Petitioner(s): Mr.R. Sathiamoorthy For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioners apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 324(4), 351(3) of BNS, 2023 in Crime No.161 of 2026 on the file of the respondent police seek anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 16268 of 2026 __________ Page2 of 6 2. The allegation against the petitioners is that due to previous enmity with regard to land dispute, there was wordy quarrel arose between them, in which the petitioners abused the defacto complainant with filthy language and assaulted him and damaged the window of the defacto complianat’s house. Hence, a case has been registered. 3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by 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 fairly submitted that there was no previous case as against the petitioners. The occurrence is said to have taken place on 01.06.2026 and the dispute appears to be between the neighbouring parties. She further submitted that the inured got discharged from hospital. Accordingly, she opposed to grant anticipatory bail to the petitioners. 5. The learned intervenor counsel submitted that during the period when https://www.mhc.tn.gov.in/judis CRL OP No. 16268 of 2026 __________ Page3 of 6 interim protection was granted to the petitioner, the petitioner had threatened the defacto complainant. 6. Considering the submissions made by the learned counsel appearing on either side, including the learned intervenor counsel, it is seen that the present case is a case in counter and the occurrence had taken place on 01.06.2026. In the counter case, the present defacto complainant has already been enlarged on bail. Further, in the present case also, the defacto complainant was discharged from the hospital within a week. Taking into consideration the totality of the circumstances, this Court is of the view that 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. 7. 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-I, Nagapattinam on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), each 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 https://www.mhc.tn.gov.in/judis CRL OP No. 16268 of 2026 __________ Page4 of 6 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, 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 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 absconds, a fresh FIR can be registered under Section 269 of BNS Act. 09-07-2026 JRS https://www.mhc.tn.gov.in/judis CRL OP No. 16268 of 2026 __________ Page5 of 6 To 1. The Judicial Magistrate-I, Nagapattinam. 2.The Inspector of Police Nagapattinam Town Police Station, Nagapattinam District. Crime No.161 of 2026 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 16268 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 16268 of 2026 09-07-2026 https://www.mhc.tn.gov.in/judis