Citation : 2026 Latest Caselaw 2008 Mad
Judgement Date : 17 April, 2026
CRL OP(MD). No. 7568 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 17.04.2026
PRESENT
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP(MD). No. 7568 of 2026
Sri Abinesh @ Abinesh
...Petitioner/sole Accused
Vs
State of Tamil Nadu rep. by
The Inspector of Police,
Mudukulathur Police Station
Ramanathapuram District.
(Crime No.80 of 2026)
...Respondent/Complainant
For Petitioner :Mr.C.Senthil Murugan
Advocate.
For Respondent :Mr.B.Nambi Selvan
PETITION FOR ANTICIPATORY BAIL Under Sec.482
of BNSS
PRAYER :- For Anticipatory Bail in Cr.No.80 of
2026 on the file of the respondent police.
ORDER :
The Court made the following order :-
The petitioner/Sole Accused, who apprehends
arrest at the hands of the respondent for the
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offences punishable under Sections 126(2), 296(b)
and 118(1) of BNS, 2023, in Crime No.80 of 2026
on the file of the respondent police, seeks
anticipatory bail.
2. The case of the prosecution is that on
03.04.2026, the defacto complainant has collected
an amount from the villagers for repairing water
tab, at that time, the petitioner abused the
defacto complainant in filthy language and also
assaulted him with stone and he sustained
injuries. Hence, the case.
3. The learned counsel for the petitioner
would submit that the petitioner is an innocent
person and he was falsely implicated in this case
and he is no way connected in the above said
incident. He would further submit that it is a
case in counter case. a counter complaint has
been registered against the defacto complainant
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in Crime No.79 of 2026. Hence, he prays to grant
anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor
appearing for the respondent Police would submit
that the investigation is pending and the
offences are grave in nature and the injured
person has been discharged from the hospital and
the petitioner has no previous cases. However, he
opposes to grant anticipatory bail to the
petitioner.
5. Heard both sides and perused the materials
available on record.
6. Considering the rival submissions on
either side and the nature of offences charged
against the petitioner and there was a dispute
between the parties regarding sharing money for
the repairing water tab and the counter complaint
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has been registered against the defacto
complainant in Crime No.79 of 2026 and also
considering the fact that the injured person has
been discharged from the hospital and the
petitioner has no previous cases, I am inclined
to grant anticipatory bail to the petitioner,
subject to the following conditions:
[a] Accordingly, the petitioner is
ordered to be released on anticipatory
bail on condition to execute a bond for a
sum of Rs.10,000/- (Rupees Ten Thousand
only) with two sureties each for a like
sum to the satisfaction of the learned
Judicial Magistrate, Mudukulathur, and on
further conditions that:
[b] the petitioner shall report
before the respondent police once in a
week ie., on Every Saturday at 10.30
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a.m., for a period of four weeks and
thereafter, as and when required for
interrogation.
[c] the petitioner shall not commit
any offences of similar nature.
[d] the petitioner shall not abscond
either during investigation or trial.
[e] the petitioner shall not tamper
with evidence or witness either during
investigation or trial.
[f] On breach of any of the aforesaid
conditions, the learned Judicial
Magistrate/Trial Court is entitled to
take appropriate action against the
petitioner in accordance with law as if
the conditions have been imposed and the
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petitioners released on bail by the
learned Magistrate/Trial Court himself as
laid down by the Hon'ble Supreme Court in
P.K.Shaji vs. State of Kerala [(2005)AIR
SCW 5560].
[g] If the accused thereafter
absconds, a fresh FIR can be registered
under Section 269 B.N.S.
(P D B J)
17.04.2026 vsg Note:Issue Order Copy on 17.04.2026.
To
1.The Judicial Magistrate, Mudukulathur.
2.The Inspector of Police, Mudukulathur Police Station Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
P. DHANABAL, J.,
vsg
ORDER IN
Date : 17.04.2026
https://www.mhc.tn.gov.in/judis
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