[Cites 1, Cited by 0]
Madras High Court
M K Velu vs The State Rep By Its The Inspector Of ... on 22 May, 2026
CRL OP No. 13512 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP No. 13512 of 2026
1. M K Velu
S/o. Masi,
163/1,Ulundhurpettai,
Thiruvennainallur,
Villupuram District.
2. Aswini
C/o. Velu,
163/1,Ulundhurpettai,
Thiruvennainallur,
Villupuram District.
3. Sathiyamoorthy
S/o. Kanayeram,
163/1,Ulundhurpettai,
Thiruvennainallur,
Villupuram District.
..Petitioners/
Accused 1 to 3
Vs
The State rep by its The Inspector of Police
Thiruvennainallur Police Station,
Villupuram District.
Crime No. 264 of 2026.
..Respondent/
Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioners on
pre arrest bail in Cr. No.264 of 2026 on the file of the respondent police.
For Petitioner: Mr.R.Raji
For Respondent: Mr.C.R.Malarvannan,
Additional Public Prosecutor
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CRL OP No. 13512 of 2026
ORDER
This Criminal Original Petition has been filed by the petitioners on
19.05.2024 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioners / Accused 1 to 3, apprehend arrest at the hands of the
respondent police for the alleged offence punishable under Sections 296(b),
115(2), 118(1), 351(3) and 74 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023 in Crime No. 264 of 2026, on the file of the respondent police.
3. The case of the prosecution is that a property dispute arose between
close relatives; the defacto complainant being the sister in law of the 2 nd
petitioner, culminated in a physical and verbal altercation. It is alleged that the
parties used abusive language, assaulted each other and issued threats of dire
consequences. Hence, the case.
4. Mr.R.Raji, learned counsel appearing for the petitioners submits that
the petitioners are innocent persons and they have not committed any offence as
alleged by the prosecution. He further submits that the petitioners and defacto
complainant are close relatives. Accordingly, he prays to grant an order of pre-
arrest bail to the petitioners.
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5. Mr.C.R.Malarvannan, learned Additional Public Prosecutor appearing
for the respondent Police submits that the petitioners and the defacto
complainant are close relatives .With regard to property dispute, there was a
dispute arose between them. It is a case in counter; the petitioners also lodges a
complaint against the defacto complainant which was registered in Cr.No.
265/2023. The defacto complainant sustained simple injury, for which he had
taken treatment and he was discharged. There is no previous cases against the
petitioners. Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. Considering the fact that the petitioners are close relatives and there is
no previous case against the petitioners and all are permanent residents, hence,
there is less possibility of absconding and on instructions the learned Additional
Public Prosecutor submits that the custodial interrogation of the petitioners are
not required for the Investigating Agency, considering the same and also
considering the facts and circumstances of the case, the nature of the offence
and it is a case in counter, this Court is inclined to grant pre-arrest bail to the
petitioners. Accordingly, pre-arrest bail is granted to the petitioners subject to
the following conditions:
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(i) The petitioners shall be released on bail in the event of their arrest or
in the event of their surrender before the learned District Munisf cum Judicial
Magistrate, Thiruvennainallur, within a period of 15 days from today, on
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each
along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten
Thousand only), to the satisfaction of the learned District Munisf cum Judicial
Magistrate, Thiruvennainallur;
(ii) The sureties shall affix his photographs and left thumb impression in
the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal
Rules of Practice, 2019']. The learned District Munisf cum Judicial Magistrate,
Thiruvennainallur, shall obtain a copy of any one of identity proofs to ensure
their identities;
(iii) The petitioners shall appear and sign before the respondent police,
daily at 10.00 a.m, until further orders;
(iv) The petitioners shall make themself available for interrogation by
police as and when required;
(v) The petitioners shall not, directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade them from disclosing such facts to the Court or to any police officer;
(vi) The petitioners shall not enter into the defacto complainant's house
and workplace; and
(vii) On breach of any of the aforementioned conditions, the learned
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District Munisf cum Judicial Magistrate, Thiruvennainallur, or Trial Court is
entitled to pass appropriate orders against the petitioners in accordance with law
as if the aforementioned conditions are imposed by them as laid down by the
Hon’ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC
283].
9. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
22.05.2026
Index : Yes/No
Internet : Yes/No
Neutral citation : Yes/No
jrs/mtl
Note:-
1.Registry is directed to forthwith upload this order in the official
website of this Court.
2.All concerned to act on this order being uploaded in official website
of this Court without insisting on certified hard copies. To be
noted, this order when uploaded in official website of this Court
will be watermarked and will also have a QR code.
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R.SAKTHIVEL, J.
JRS
To
1. The District Munisf cum Judicial Magistrate, Thiruvennainallur.
2. The Inspector of Police
Thiruvennainallur Police Station,
Villupuram District.
Crime No. 264 of 2026.
3.The Public Prosecutor,
High Court, Madras.
22-05-2026
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