Shanmugam v. The State rep by its, The Sub-Inspector of Police,
CRL OP/22417/2026 · 2026-08-19
N Ramesh
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 59419 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 59419 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 22417 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL OP No. 22417 of 2026
1. Shanmugam
2. Maheshwari
3. Ramanathan
4. Unnamalai
5. Velliyankiri
6. Baskar
7. Venkattan @ Venkat
8. Deventhiran
9. Manickam 10.Jaisankar @ Sankar ..Petitioners Vs The State rep by its, The Sub-Inspector of Police, Jamunamarathur PS, Tiruvannamalai District. Crime No.39 of 2026 ..Respondent https://www.mhc.tn.gov.in/judis
CRL OP No. 22417 of 2026 __________ Page2 of 6 PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS, 2023, praying to enlarge the Petitioner on bail in the event of petitioners arrest in Crime No.39 of 2026 on the file of the Respondent police and pass such further or other orders as this Honble Court may deem fit and necessary in the circumstances of the case and render justice. For Petitioners: Mr.P.Jayachandran For Respondent(s): Mr.R.Rajasekaran Government Advocate (Crl.Side) ORDER The petitioners apprehend arrest for the alleged offences under Sections 191(2), 191(3), 296(b), 118(1), 351(3) of BNS 2023 in Crime No.39 of 2026 on the file of the respondent police seeks anticipatory bail. 2. The case of the prosecution is that, due to a dispute over the usage of a common pathway, the accused persons abused the de facto complainant using filthy language. This led to a wordy quarrel which escalated into a physical assault, during which they also criminally intimidated the de facto complainant. Hence, the case. https://www.mhc.tn.gov.in/judis
CRL OP No. 22417 of 2026 __________ Page3 of 6
3. The learned counsel for the petitioners submitted that the petitioners are innocent and a false case has been foisted against them and that they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. 4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and fairly submitted that A1 was arrested and remanded to judicial custody on 10.07.2026. Hence, he opposed to grant anticipatory bail to the petitioners. 5. I have given my anxious consideration to either side submissions.
6.Considering the nature of the allegations, the fact that there is a land dispute between the parties, and that A1 has already been arrested by the respondent police and remanded to judicial custody, and further considering that the parties are closely related to each other, this Court is of the firm view that the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions. https://www.mhc.tn.gov.in/judis
CRL OP No. 22417 of 2026 __________ Page4 of 6
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, Polur, Tiruvannamalai District 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 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 slip (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 am for a period of two weeks and thereafter as and when required; (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 are released on https://www.mhc.tn.gov.in/judis
CRL OP No. 22417 of 2026 __________ Page5 of 6 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. 19-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MFA To
1. The Judicial Magistrate, Polur, Tiruvannamalai District. 2. The Sub-Inspector of Police, Jamunamarathur PS, Tiruvannamalai District. 3. The Public Prosecutor High Court, Chennai. https://www.mhc.tn.gov.in/judis
CRL OP No. 22417 of 2026 __________ Page6 of 6 N.RAMESH, J. MFA CRL OP No. 22417 of 2026 19-08-2026 https://www.mhc.tn.gov.in/judis