CRL OP/10472/2026 of Venkatesan @ Venkatesh Vs The State rep.by,
CRL OP No. 10472 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL OP No. 10472 of 2026
1. Venkatesan @ Venkatesh
S/o.Devan,
No.1/52, Kanavaiputhur,
Lokkur, Denishpettai,
Kadayampatti Taluk,
Salem District.
2. Vijay @ Vijai
S/o.Ayyanar,
No.1/42, Lokkur,
Danishpet,
Kanavaiputhur,
Salem District.
3. Arun
S/o.Ayyanar,
No.1/42, Lokkur,
Danishpet,
Kanavaiputhur,
Salem District.
4. Ayyanar @ Iyyanar
S/o.Krishnan,
No.1/42, Lokkur,
Danishpet,
Kanavaiputhur,
Salem District.
5. Megenthiran @ Mathiyalagan
S/o.Krishnan,
No.1/42, Lokkur,
Danishpet,
Kanavaiputhur,
Salem District.
..Petitioner(s)
https://www.mhc.tn.gov.in/judis
CRL OP No. 10472 of 2026
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Vs
The State rep.by,
Inspector of Police,
Deevattipatty Police Station,
Salem District
Cr.No.89/2026.
..Respondent(s)
PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023,
to enlarge the petitioners on bail in the event of arrest a case in Cr.No.89 of
2026 on the file of the respondent.
For Petitioner(s): Mr. DEEPAK KUMAR C
For Respondent(s): MR.P.DHILEEPAN,
GOVT.ADVOCATE (CRL SIDE)
ORDER
The petitioners apprehend arrest at the hands of the respondent police for
the offences punishable under Sections 189(2), 296(b), 115(2), 118(1), 351(3)
of BNS, 2023 in Crime No.89 of 2026, on the file of the respondent Police, seek
anticipatory bail.
2. The allegation against the petitioners is that, due to previous enmity
with regard to land dispute, a wordy quarrel arose between the petitioners and
the defacto complainant. During the course of the said quarrel, the petitioners
allegedly attacked the defacto complainant with wooden log and caused severe
injuries to him. Hence, the complaint.
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CRL OP No. 10472 of 2026
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3. The learned counsel appearing for the petitioners submitted that the
petitioners are innocent 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. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent police reiterated the prosecution case and, upon instructions,
submitted that the injured has already been discharged from the hospital. He
further submitted that the earlier anticipatory bail application was dismissed on
26.03.2026 in Crl.OP.No.7730 of 2026 and that there is no change in
circumstances Hence, he opposed to grant anticipatory bail to the petitioners.
5. I have given anxious consideration to the submissions made by the
learned counsel on either side.
6. Taking into consideration the above aspects, along with the fact that
the occurrence took place on 16.03.2026 and that the injured has been
discharged from the hospital and the major portion of the investigation must
have been completed, at this length of time, 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.
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CRL OP No. 10472 of 2026
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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 Court, Omallur, 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
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
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CRL OP No. 10472 of 2026
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Kerala [(2005) AIR SCW 5560];.
(e) If the petitioners thereafter absconds, a fresh FIR can be
registered under Section 269 of BNS Act.
27-04-2026
DRL
To
1.The Judicial Magistrate Court,
Omallur
2. The Inspector of Police,
Deevattipatty Police Station,
Salem District.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
CRL OP No. 10472 of 2026
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C.KUMARAPPAN, J.
DRL
CRL OP No. 10472 of 2026
27-04-2026
https://www.mhc.tn.gov.in/judis