Citation : 2026 Latest Caselaw 2490 Mad
Judgement Date : 13 May, 2026
CRL OP No. 11632 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
CRL OP No. 11632 of 2026
1.Ponrasu
2.Subash Chandra Bose
3.Chinnathambi
4.Sathish
5.Santhosh Kumar
6.Anandhan
7.Sivakumar
8.Surya
9.Bharath
10.Kanthan
11.Thirupathi
12.Ellappan
13.Chinnathai
14.Sella
15.Mohana
16.Kanaga
17.Babu
18.Parasuraman
..Petitioner(s)
Vs
State Rep.by, The Inspector of Police,
Natrampalli Police Station,
Thiruppathur District.
Crime No. 213 of 2026
..Respondent(s)
To enlarge the petitioners on bail in the event of their arrest in
Crime.No. 213/2026 pending investigation on the file of the respondent.
For Petitioner(s): Ms.Thulasi R
For Respondent(s): Mr.A.Gopinath
Government Advocate (Crl. side)
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https://www.mhc.tn.gov.in/judis
CRL OP No. 11632 of 2026
ORDER
The petitioners / Accused No. 1-18, who apprehend arrest in the hands of
the respondent police for the offences punishable under Sections 191(2), 115(2),
324(2), 296(b), 351(2) of BNS Act on the file of respondent, seeks anticipatory
bail.
2. The case of the prosecution is that on 23.04.2026, during the
Assembly Elections, an incident occurred between the petitioners’ party and the
complainant party while canvassing among the public during polling hours. Due
to political rivalry and election-related tensions, a heated altercation took place
between the members of both groups. During the course of the quarrel, the
accused persons/petitioners, acting in furtherance of their common intention,
abused the complainant party members in filthy language and physically
attacked them by assaulting them with hands and legs, thereby causing hurt and
disturbance to public peace during the election process. Hence, the case.
3. The learned counsel appearing for the petitioner would submit that
both parties lodged complaints against each other. He further submitted that a
false case has been foisted against them. Thus, he prays to grant anticipatory
bail to the petitioners.
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4. The learned Government Advocate (Criminal Side) appearing for the
respondent would submit that investigation is pending and the offences are
grave in nature, injured has been discharged from the hospital and there is no
previous cases pending against the petitioners, and prayed to dismiss the
petition.
5. Heard both sides and perused the materials available on record.
6. Considering the representations made on either side, considering the
nature of offences charged against the petitioners, and considering the fact that
injured have been discharged from the hospital and that there is no previous
cases pending against this petitioners, I am inclined to grant anticipatory bail to
the petitioners, subject to the following conditions:
7. Accordingly, the petitioners are ordered to be released on bail in the
event of arrest or on their appearance, within a period of fifteen days from the
date on which the order copy made ready, before the learned Judicial
Magistrate No.III, Tirupathur, on condition that the petitioners shall execute
separate 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 Magistrate
concerned and on further condition that:
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[a] the petitioners shall report before the respondent police at 10
a.m., every Saturday for a period of 4 weeks;
[b] 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;
[c] the petitioners shall not leave India without the previous permission of the Court;
[d] the petitioners shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned
Magistrate/Trial Court is entitled to take appropriate action against the
petitioners in accordance with law as if the conditions have been imposed and
the petitioners released on bail by the learned Magistrate/Trial Court themselves
as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala
[(2005)AIR SCW 5560].
[f] If the accused thereafter absconds, a fresh FIR can be registered under
Section 269 B.N.S.2023.
13-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
GD Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
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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 the official website of this Court will be watermarked and will also have a QR code.
To
1.Judicial Magistrate, No.III, Tirupathur.
2.The Inspector of Police, Natrampalli Police Station, Thiruppathur District.
3.The Public Prosecutor, Madras High Court, Chennai.
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P.DHANABAL, J.
GD
13-05-2026
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