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2026 DAILYLAW 58905 (MAD)

E.Sasikala v. State by Inspector of Police

CRL OP/20257/2026 · 2026-07-28

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 20257 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 20257 of 2026 1. E.Sasikala 2. N.Dhanabal ..Petitioner(s) Vs State by Inspector of Police Rishivandiyam Police Station, Kallakurichi Crime NO.67 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to grant Anticipatory bail in the event of his arrest by the Respondent police in respect of the Crime No.67 of 2026 on the file of Respondent Rishivandiyam Police Station pending investigation. For Petitioner(s): T.Sakthivel For Respondent(s): Ms.R.S.Indira Government Advocate (Crl.Side) ORDER The petitioners apprehend arrest for the alleged offence under Sections 191(1), 191(2), 115(2), 118(1), 351(2) of BNS in Crime No. 67 of 2026 on the file of the respondent police seek anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 20257 of 2026 __________ Page2 of 5 2. The case of the prosecution is that the petitioners along with A1 attacked the defacto complainant with iron rod in a brutal manner. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioners are innocent and they have not committed any offence as alleged by the de facto 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 submitted that the occurrence took place on 17.05.2026. She also submits that the injury is simple in nature and no previous case is pending against the petitioners. However, she opposed to grant anticipatory bail to the petitioners. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 20257 of 2026 __________ Page3 of 5 6. Considering the facts and circumstances of the case, from the submissions made by learned Government Advocate (Crl.Side), it is seen that petitioners have no criminal antecedents. It is further seen that the occurrence took place on 17.05.2026 and no one sustained serious injury. In such view of the circumstances, this Court is of the firm view that at this length of time, 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, Tirukovilur 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 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 https://www.mhc.tn.gov.in/judis CRL OP No. 20257 of 2026 __________ Page4 of 5 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 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]; (e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 28-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No NR To: 1. The Judicial Magistrate, Tirukovilur. 2. Inspector of Police Rishivandiyam Police Station, Kallakurichi 3. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 20257 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. NR CRL OP No. 20257 of 2026 28-07-2026 https://www.mhc.tn.gov.in/judis