D.Muniyappan vs The State Rep By,
2026 Latest Caselaw 2769 Mad

Citation : 2026 Latest Caselaw 2769 Mad
Judgement Date : 22 May, 2026

[Cites 1, Cited by 0]

Madras High Court

D.Muniyappan vs The State Rep By, on 22 May, 2026

                                                                       CRL OP No. 13525 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. 13525 of 2026
                1. Muniyappan
                   S/o Durai,
                   Poosarivalasai Village,
                   Paradarami Post,
                   Gudiyatham Taluk,
                   Vellore District.

                2. Govidasamy
                   S/o Durai,
                   Poosarivalasai Village,
                   Paradarami Post,
                   Gudiyatham Taluk,
                   Vellore District.

                3. Balaji
                   S/o.Muniyappan,
                   Poosarivalasai Village,
                   Paradarami Post,
                   Gudiyatham Taluk,
                   Vellore District.

                4. Raniyammal
                   S/o Muniyappan,
                   Poosarivalasai Village,
                   Paradarami Post,
                   Gudiyatham Taluk,
                   Vellore District.

                                                                    ..Petitioner(s) / Accused
                                                                                        1 to 4
                                                    Vs
                The State Rep By,
                The Inspector of Police,
                Paradarami Police Station,
                Paradarami,

                                                                                   __________
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https://www.mhc.tn.gov.in/judis
                                                                              CRL OP No. 13525 of 2026


                Vellore District.
                (Crime No. Not Known of 2026)
                                                                                  ..Respondent(s)

                PRAYER :-             Criminal Original Petition filed under Section 482 of the
                Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the
                petitioner on bail in the event of his arrest in Crime No. Not Known of 2026 on
                the file of the Inspector of Police, Paradarami Police Station, Paradarami,
                Vellore District and thus render justice.
                              For Petitioner(s):       Mr.G.Vinodhkumar


                              For Respondent(s):       Mr.C.R.Malarvannan
                                                       Additional Public Prosecutor


                                                       ORDER

This Criminal Original Petition has been filed by the petitioners on

19.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita

(BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioners apprehends arrest at the hands of the respondent-police

for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in Crime No. Not Known

of 2026 on the file of the respondent-police.

3. The case of the prosecution is that on 06.05.2026 based on the previous

enmity regarding civil dispute, there was a wordy quarrel between the

petitioners and the defacto complainant, in which the petitioners attacked the __________ Page2 of 6 https://www.mhc.tn.gov.in/judis

defacto complainant with hands and wooden logs. Hence the case.

4. Mr.G.Vinodhkumar, the learned counsel for the petitioners, submits

that the petitioners are an innocent persons and they have not committed any

offence as alleged by the prosecution. He further submits that the petitioners

have been falsely implicated in this case. He however submits that the

petitioners are ready to abide by any conditions to be imposed by this Court.

Accordingly, he prays to grant an order of pre-arrest bail to the petitioners.

5. Per contra, C.R.Malarvannan, the learned Additional Public

Prosecutor (Criminal Side) appearing for the respondent-police, submits that

there are no previous cases against the petitioners. He further submits that if

pre-arrest bail is granted to the petitioners, they will abscond and tamper with

the evidence. He therefore prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. This is a case in counter. The respondent-police registered a case in

Crime No.102 of 2026 for the offences punishable under Sections 296(b),

115(2), 118(1), 351(3) of BNS, 2023. It appears that the petitioners and the

defacto complainant are neighbors. It is clear that there is property dispute

between the petitioners and the defacto complainant. Hence the offence. It is __________ Page3 of 6 https://www.mhc.tn.gov.in/judis

alleged that the petitioners attacked the defacto complainant using stones and

hands. The defacto complainant was admitted in hospital on 06.05.2026 and

discharged on 09.05.2026.

8. Considering the facts and circumstances, considering the facts that the

injured has been discharged from the hospital, 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:

(i) The petitioners shall be released on pre-arrest bail in the event of their

arrest or in the event of their surrender before the learned Judicial Magistrate,

Gudiyatham, within a period of 15 days from the date of receipt of a copy of

this order, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand

only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten

Thousand only) to the satisfaction of the learned Judicial Magistrate,

Gudiyatham.

(ii) The sureties shall affix their photographs and left thumb impression

in the Application for Suretyship [Judicial Form No.46 annexed to 'The

Criminal Rules of Practice, 2019']. The learned Judicial Magistrate,

Gudiyatham, shall obtain a copy of any one of identity proofs to ensure their

identity.

(iii) The petitioners shall appear and sign before the respondent-police

daily at 10.00 a.m. until further orders.

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(iv) The petitioners should not enter into defacto complainant’s house or

his workplace.

(v) The petitioners shall make themselves available for interrogation by a

police officer as and when required.

(vi) 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 him from disclosing such facts to the Court or to any

police officer.

(vii) The petitioners shall also not, directly or indirectly, cause any threat

to the defacto complainant and witnesses and shall not tamper the evidence.

(viii) The petitioners shall not leave India without the previous

permission of the Court.

(ix) The petitioners shall furnish their residential address and mobile

number to the learned Judicial Magistrate, Gudiyatham.

(x) On breach of any of the aforementioned conditions, the learned

Judicial Magistrate, Gudiyatham or Trial Court, as the case may be, is entitled

to pass appropriate orders against the petitioners in accordance with law as if

the aforementioned conditions are imposed by themselves as laid down by the

Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

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R.SAKTHIVEL, J.

MTL/JRS

8. Accordingly, this Criminal Original Petition is allowed subject to the

conditions stated supra.

22-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

MTL/JRS

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.

To