Crl.O.P.No.17406 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.17406 of 2026 1.K.Kajamaideen 2.S.Nasrudeen Sirajdeen 3.P.Mayilsamy ... Petitioners Vs. The State Rep. by The Inspector of Police, Dharapuram Police Station, Tiruppur District. (Crime No.239 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.239 of 2026 pending investigation on the file of the respondent police. For Petitioners : Mr.R.Naresh Kumar For Respondent : Mrs.R.S.Indira, Government Advocate (Crl.Side) ORDER The petitioners apprehend arrest for the alleged offences under Sections 296(b), 115(2), 118(1), 127(2), 308(5) and 351(2) of BNS, 2023, [Corresponding Sections 294(b), 323, 324, 342, 386 and 506(2) of IPC) in Crime No.239 of 2026 on the file of the respondent police seeks anticipatory 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17406 of 2026 bail. 2. The case of the prosecution is that the de facto complainant had misappropriated certain amounts and, in order to recover the same, the petitioners allegedly took the de facto complainant to a secluded place, assaulted him with their hands, and forcibly obtained a sum of Rs.80,000/- and a gold chain weighing 2 ½ sovereigns from him. Hence, the case. 3. The learned counsel for the petitioners submitted that the petitioners are innocent and has not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He further submitted that co-accused has already been enlarged on bail by this Court in Crl.O.P.No.16208 of 2026 dated 29.06.2026. 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 application and submitted that the injured was admitted in the hospital on 07.06.2026 and has been discharged from the hospital on 10.06.2026. She further submitted that the petitioner has no previous case. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17406 of 2026 5. Taking into consideration of the totality of the circumstances and the fact that the co-accused has already been enlarged on bail and that the petitioners have no previous criminal antecedents and that the injured has been discharged from the hospital, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioners is not required for the purpose of investigation. Hence, 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 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, Dharapuram, 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 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; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17406 of 2026 (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 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. 07.07.2026 cda 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17406 of 2026 To 1.The Judicial Magistrate, Dharapuram. 2.The Inspector of Police, Dharapuram Police Station, Tiruppur District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17406 of 2026 C.KUMARAPPAN, J. cda Crl.O.P.No.17406 of 2026 07.07.2026 6/6 https://www.mhc.tn.gov.in/judis