Madras High Court
Ezhumalai @ Elumalai vs The State Rep. By The Inspector Of Police on 6 May, 2026
CRL OP No. 11661 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No. 11661 of 2026
Ezhumalai @ Elumalai
S/o.Aladiyan,
No.190, Ambedkar Nagar,
Sathanoor,
Thandarampattu Taluk,
Tiruvannamalai District
..Petitioner(s)
Vs
The State Rep. by the Inspector of Police
Sathanoordam Police Station,
Tiruvannamalai District.
Crime No. 36/2026.
..Respondent(s)
PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023,
praying to enlarge the petitioner on anticipatory bail in the event of his arrest in
connection with Crime No.36 of 2026 on the file of the respondent police.
For Petitioner(s): Mr.E.Sathiyaraj
For Respondent(s): Mr.A.Gopinath,
Government Advocate (crl.side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 351(3) of the BNS Act [corresponding section 294(b), 323, 324, 506(2) of IPC] in Crime No.36 of 2026 on the file of the respondent police seeks anticipatory bail.
__________ Page1 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 11661 of 2026
2. The allegation against the petitioner is that the defacto complainant and the accused were residing in the same village. While a party member garland to statue of a national leader, there was a dispute arose between them, due to which, the accused have attacked, abused the de facto complainant and also threatened him with dire consequences, as a result of which, he sustained injuries and admitted in hospital. Hence, the complaint.
3. The learned counsel for the petitioner submitted that he is a member of political party and due to political vendetta, a false complaint has been lodged against him. He would further submit that he is ready and willing to abide any condition that may be imposed by this court and he undertakes to cooperate with the investigation. Accordingly, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case. He further submitted that the petitioner attacked the defacto complainant and caused severe injuries to him. Hence, he opposed to grant anticipatory bail to the petitioner.
5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and __________ Page2 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 11661 of 2026 willing to deposit an amount of Rs.5,000/- to any association. Hence, he prays for grant of bail to the petitioner.
6. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.
7. Considering the fact that the injured discharged from the hospital and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs. 5,000/- to the credit of "Tamil Nadu Advocate Clerk Association, Chennai”, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.
8. Accordingly, the petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as cost to the Tamil Nadu Advocate Clerk Association, Chennai and on such payment, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thandarampattu, Tiruvannamalai District, on condition that the petitioner 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:
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(a) If the petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m for a period of three 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 petitioner 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
06-05-2026 __________ Page4 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 11661 of 2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RPP/JRS To
1.The Judicial Magistrate Thandarampattu, Tiruvannamalai District,
2.The Inspector of Police, Sathanoordam Police Station, Tiruvannamalai District.
3.The Public Prosecutor, High Court, Madras.
__________ Page5 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 11661 of 2026 L.VICTORIA GOWRI J.
rpp/jrs CRL OP No. 11661 of 2026 06-05-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis