Nithish Vs State rep by the Inspector of Police — Anticipatory Bail | Madras HC (2026)

Nithish Vs State rep by the Inspector of Police — Anticipatory Bail | Madras HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioners 2 to 5 (Vetriselvan, Jagan, Pavan kumar @ Shanmugapandiyan and Vijay): to be released on bail in the event of arrest or on appearance within fifteen (15) days before the learned Judicial Magistrate No.III, Vellore, on a bond of Rs.25,000/- each with two sureties each for a like sum, subject to conditions including automatic cancellation if they fail to surrender within fifteen days, verification of surety identity, reporting before the respondent police as and when required for interrogation, breach consequences as per P.K.Shaji v. State of Kerala, and registration of a fresh FIR under Section 269 of BNS Act if they abscond. The petition was dismissed as against the first petitioner (Nithish), who was already in judicial custody.

Issue for consideration

Whether the petitioners, who apprehend arrest for the alleged offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1) and 351(3) of BNS in Crime No.137 of 2026, should be enlarged on bail in the event of arrest under Section 482 of BNSS. +1 more

Court's answer

Petitioners 2 to 5 were ordered to be released on bail in the event of arrest or on their appearance within fifteen (15) days from the date the order copy is made ready, before the learned Judicial Magistrate No.III, Vellore, on executing a bond for Rs.25,000/- each with two sureties each for a like sum, and subject to further conditions.

Ratio / Principle

Taking into consideration that the injured has been discharged from hospital and that the FIR was registered on 19.05.2026, the Court held that custodial interrogation of petitioners 2 to 5 is not necessary at this length of time, and was inclined to grant anticipatory bail to petitioners 2 to 5 subject to certain conditions.

Key takeaways

On breach of any of the bail conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against petitioners 2 to 5 in accordance with law, as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala; and if the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act.ratio¶35
Since the first petitioner had already been arrested and remanded to judicial custody, the Criminal Original Petition was dismissed as against the first petitioner.ratio¶38

Detailed headnote1 paragraphs

Anticipatory bail - CRL OP under Section 482 of BNSS - five petitioners apprehend arrest for offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1) and 351(3) of BNS in Crime No.137 of 2026 (Veppankuppam Police Station, Vellore District); FIR registered 19.05.2026 - Government Advocate (Criminal side) submits that the de facto complainant and petitioners have compromised, the injured has been discharged from hospital, and the first petitioner has already been arrested and remanded - Court holds custodial interrogation of petitioners 2 to 5 unnecessary at this length of time and grants anticipatory bail to petitioners 2 to 5: release on bail or appearance within fifteen days before the learned Judicial Magistrate No.III, Vellore, on a bond of Rs.25,000/- each with two sureties each for a like sum, subject to conditions including surrender within fifteen days (else automatic cancellation), surety identification, reporting to the respondent police as required, breach consequences as laid down by the Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560], and a fresh FIR under Section 269 of BNS Act upon absconding - Criminal Original Petition dismissed as against the first petitioner (Nithish).

CRL OP No. 13831 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

CRL OP No. 13831 of 2026

Nithish

Vetriselvan

Jagan

Pavan kumar @ Shanmugapandiyan

5. Vijay

..Petitioner(s)

Vs

State rep by the Inspector of Police Veppankuppam Police Station, Veppankuppam, Vellore District. (Crime No. 137 of 2026)

..Respondent(s)

Prayer :- Criminal Original Petition is filed under Section 482 of BNSS, pleased to enlarge the petitioners on bail in the event of their arrest in crime No.137 of 2026 on the file of the Inspector of police, Veppankuppam Police Station, Veppankuppam, Vellore District.

For Petitioner(s): Mr.G.Vinodh Kumar For Respondent(s): M/s.R.S.Indira, Government Advocate (Criminal Side) ORDER

The petitioners apprehend arrest for the alleged offences under Sections

191 (2), 191 (3), 296 (b), 115 (2), 118 (1), 351 (3) of BNS in Crime No.137 of

2026 on the file of the respondent police seek anticipatory bail.

2.When the matter was taken up for hearing, the learned Government

Advocate (Criminal side) appearing for the respondent Police submitted that the

Page1 of 4

https://www.mhc.tn.gov.in/judis

CRL OP No. 13831 of 2026

defacto-complainant and the petitioners have entered into a compromise and the injured person has also been discharged from the hospital. She further submitted that the first petitioner has been arrested and remanded to judicial custody.

3.Taking into consideration the submission of the learned Government Advocate (Criminal side) that injured has been discharged from the hospital, and that the First Information Report was registered on 19.05.2026, this Court is of the firm view that the custodial interrogation of the petitioners 2 to 5 is not necessary at this length of time. Hence, this Court is inclined to grant anticipatory bail to the petitioners 2 to 5, subject to certain conditions.

4.Accordingly, the petitioners 2 to 5 are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.III, Vellore,, on condition that the petitioners 2 to 5 shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

__________ Page2 of 4

https://www.mhc.tn.gov.in/judis

CRL OP No. 13831 of 2026

(a) If the petitioners 2 to 5 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 petitioners 2 to 5 shall report before the respondent police 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 petitioners 2 to 5 in accordance with law as if the conditions have been imposed and the petitioners 2 to 5 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 petitioners 2 to 5 thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

5.Since, the first petitioner was already been arrested and remanded to

judicial custody, this Criminal Original Petition is dismissed as against the first petitioner.

10-06-2026

ep

Page3 of 4

https://www.mhc.tn.gov.in/judis

CRL OP No. 13831 of 2026

C.KUMARAPPAN, J.

EP

To

1.The Judicial Magistrate No.III, Vellore.

2.The Inspector of Police Veppankuppam Police Station, Veppankuppam, Vellore District.

3.The Public Prosecutor High Court of Madras.

CRL OP No. 13831 of 2026

10-06-2026

__________ Page4 of 4

https://www.mhc.tn.gov.in/judis