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2026 DAILYLAW 59645 (MAD)

Palanisamy v. The State Rep. by, The Inspector of Police

CRL OP/21797/2026 · 2026-08-07

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 21797 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 21797 of 2026 1. Palanisamy 2. Tamilmani 3. Dhanalakshmi ..Petitioner(s) Vs The State Rep. by, The Inspector of Police Mathikonpalayam Police Station, Dharmapuri District. Crime No.126 of 2026 ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in the event of his arrest by the Respondent Police concerned in Cr.No.126 of 2026 on the file of Inspector of Police, Mathikonpalayam Police Station, Dharmapuri District on his appearance before the concern court and thus render justice. For Petitioner(s): Mr.Vignesh N For Respondent(s): M/s.R.S.Indira Government Advocate(Criminal side) ORDER The petitioners apprehend arrest for the alleged offences under Sections 296 (b), 56 and 108 of the BNS,2023, in Crime No.126 of 2026 on the file of the respondent police seek anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 21797 of 2026 __________ Page2 of 6 2.The case of the prosecution is that on 10.06.2026, the petitioners installed a new generator in the common agricultural well. When the same was questioned by the father of the defacto-complainant, there was a wordy altercation between them. Consequently, the defacto-complainant’s father became emotionally disturbed, committed suicide by consuming pesticide and subsequently succumbed. Hence, the case. 3. The learned counsel appearing for the petitioners submitted that this is second anticipatory bail petition. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court and are willing to co-operate for investigation. He further submitted that investigation has been completed. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Criminal Side) appearing for the respondent Police strongly opposed this application on the ground that the earlier anticipatory bail application was dismissed on 09.07.2026 and there is no change in circumstances. However, he fairly submitted that the petitioners have no criminal antecedents. Hence, he opposed for the grant of anticipatory bail to the petitioners. https://www.mhc.tn.gov.in/judis CRL OP No. 21797 of 2026 __________ Page3 of 6 5.No doubt the previous anticipatory bail application was dismissed on 09.07.2026. However, the same was dismissed on the ground that the investigation was at its initial stage. Although the learned Government Advocate submitted that the investigation is still pending, considering the fact that the occurrence took place on 10.06.2026 a major portion of the investigation would have been completed by this time. Therefore, as rightly contended by the learned counsel for the petitioners there is a change in circumstances. Looking into the factual position, even according to the allegations made in the First Information Report, there was a wordy altercation and thereafter the deceased became emotionally disturbed and committed suicide by consuming a pesticide. 6.Considering the fact that the occurrence took place on 10.06.2026, and that there are no criminal antecedents against the petitioners, and the fact that the third petitioner is a woman, this Court is of the firm view that the custodial interrogation of the petitioners is not necessary at this juncture. 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 https://www.mhc.tn.gov.in/judis CRL OP No. 21797 of 2026 __________ Page4 of 6 Magistrate No.I, Dharmapuri, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 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 first and second petitioners shall report before the respondent Police daily at 10.30 a.m. for a period of two weeks; thereafter as and when required for interrogation; the third petitioner shall report before the respondent Police 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]; https://www.mhc.tn.gov.in/judis CRL OP No. 21797 of 2026 __________ Page5 of 6 C.KUMARAPPAN, J. (e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 07-08-2026 ep To 1.The Judicial Magistrate No.I, Dharmapuri. 2.The Inspector of Police Mathikonpalayam Police Station, Dharmapuri District. The Public Prosecutor High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 21797 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. EP CRL OP No. 21797 of 2026 07-08-2026 https://www.mhc.tn.gov.in/judis