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Madras High Court
Elumalai vs The State Rep By The Inspector Of Police on 22 May, 2026
CRL OP No.13351 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. 13351 of 2026
1. Elumalai
S/o.Palani
Old Colony, Palapattu, Gingee Taluk,
Villupuram District.
2. Mathiyazhagi
W/o.Elumalai
Old Colony, Palapattu,
Gingee Taluk,
Villupuram District.
3. Govinthavasan @ Govinthavel,
S/o.Elumalai
Old Colony, Palapattu, Gingee Taluk,
Villupuram District. ...Petitioners/Accused 1 to 3
Vs
The State Rep by
The Inspector of Police,
Ananthapuram Police Station,
Villupuram District.
Crime No.176 of 2026 ...Respondent/Complainant
Prayer : Criminal Original Petition filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the
petitioners in Crime No.176 of 2026 on the file of the respondent police.
For Petitioners : Mr.C Munusamy
For Respondent: Mr.S.Yogaraja Sekar
Counsel for Government of Tamil Nadu
(Criminal Side)
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CRL OP No.13351 of 2026
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 apprehend arrest at the hands of the respondent-police
for the offences punishable under Sections 296(b), 115(2) and 351(2) of the
Bharatiya Nyaya Sanhita (BNS), 2023, r/w Section 4 of the Tamil Nadu
Prohibition of Harassment of Women Act, 1998, in Crime No.176 of 2026 on
the file of the respondent-police.
3. The case of the prosecution is that due to a dispute regarding the
irrigating land, the petitioners are said to have scolded and attacked the defacto
complainant who is a neighbour. Hence, the present case.
4. Mr.C.Munusamy, the learned counsel for the petitioners, submits that
the petitioners are innocent persons, they have not committed any offence as
alleged by the prosecution and a false case has been foisted against the
petitioners. He further submits that the petitioners and the defacto complainant
are neighbours. The defacto complainant lodged a false complainant against
the petitioners. He however submits that the petitioners are ready to abide by
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any conditions that may be imposed by this Court. Accordingly, he prays to
grant an order of pre-arrest bail to the petitioners.
5. Per contra, Mr.S.Yogaraja Sekar, learned Counsel for Government of
Tamil Nadu (Criminal Side), appearing for the respondent-police, submits that
the petitioners attacked the defacto complainant and threatened her with dire
consequences. He further submits that no one has been injured. However, he
prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioners have permanent residence and deep roots in the society.
Hence, there is less possibility of absconding. Considering the same and also
considering the nature of the offence alleged against the petitioners and taking
note of the fact that no one has been injured and with a view to give an
opportunity to the petitioners to reform themselves, 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,
Gingee, within a period of 15 days from the date on which the order copy is
made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten
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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 Judicial
Magistrate, Gingee.
(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 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
weekly twice i.e., on every Monday, and Friday at 10.00 a.m. until further
orders.
(iv) The petitioners shall make themselves available for interrogation by a
police officer 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 also not, directly or indirectly, cause any threat
to the defacto complainant, his/her family members and witnesses and shall not
tamper the evidence.
(vii) The petitioners shall not leave India without the previous permission
of the Court.
(viii) The petitioners shall furnish their residential address and mobile
number to the concerned Magistrate.
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(ix) On breach of any of the aforementioned conditions, the learned
Judicial Magistrate 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 them as laid down by the Hon'ble
Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
22-05-2026
dk/srm
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
1. The Judicial Magistrate,
Gingee.
2. The Inspector of Police,
Ananthapuram Police Station,
Villupuram District.
3. The Public Prosecutor,
High Court of Madras.
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R.SAKTHIVEL, J.
dk/srm
22-05-2026
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