Ezhumalai @ Elumalai vs The State Rep. By The Inspector Of Police
2026 Latest Caselaw 2345 Mad

Citation : 2026 Latest Caselaw 2345 Mad
Judgement Date : 6 May, 2026

[Cites 5, Cited by 0]

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.

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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

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];