Citation : 2026 Latest Caselaw 2633 Mad
Judgement Date : 20 May, 2026
CRL OP(MD). No.9552 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 20/05/2026
PRESENT
The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD). No.9552 of 2026
1. Balakrishnan
2. Vignesh
3. Jeyakumar
4. Selvakumar ... Petitioners/Accused
Nos.8, 12, 17 and 18
Vs
State of Tamilnadu Rep by
Inspector of Police,
Thirumangalam Taluk,
Police Station,
Madurai District.
(Crime No. 40 of 2026). ... Respondent/Complainant
For Petitioners : Mr.D. Rajaboopathy,
Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar,
Additional Public Prosecutor
PRAYER :-
For Anticipatory Bail in Crime No. 40 of 2026 on the file of the
Respondent Police.
1/6
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.9552 of 2026
ORDER :
The Court made the following order :-
The petitioners, who apprehend arrest at the hands of the
respondent for the offences punishable under Sections 191(2), 191(3),
296(b), 324(4), 118(1), 109 and 351(3) of BNS, 2023, in Crime No.40 of
2026 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that, on 19.02.2026 at about 8.30
p.m., due to previous enmity, the petitioners and the other accused
allegedly attacked the defacto complainant and caused damage to the
divine idol. Hence, a case has been registered against the accused for the
aforesaid offences. Hence, this petition.
3. The learned counsel for the petitioners would submit that the
petitioners are innocent and they have not committed any offence as
alleged by the prosecution and their names have been falsely implicated
in this case. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) fairly submits
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that due to previous motive between the defacto complainant and the
petitioners, the occurrence happened and injured was discharged from
the hospital and also the petitioners have no previous case. However, he
opposes to grant anticipatory bail to the petitioners.
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 petitioners and considering the facts that
the injured was discharged from the hospital and no previous case is
pending against the petitioners, I am inclined to grant anticipatory bail to
the petitioners with certain conditions.
7.Accordingly, the petitioners are ordered to be released on bail in
the event of arrest or on their appearance, on condition that the
petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten
Thousand only) each with two sureties each for a like sum to the
satisfaction of the learned Judicial Magistrate, Thirumangalam, Madurai
District within a period of fifteen days from the date on which the order
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copy is made ready and on further conditions that:
[a] the petitioners and the sureties shall affix their
photographs and left thumb impression in the surety bond
and the Magistrate may obtain a copy of their Aadhar card
or Bank pass Book to ensure heir identity;
[b] the petitioners shall report before the
respondent police once in a week i.e., on every Monday at
10.30 a.m. until further orders;
[c] the petitioners shall not commit any offences of similar nature.
[d] the petitioners shall not abscond either during investigation or trial.
[e] the petitioners 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 petitioners in accordance with
law as if the conditions have been imposed and the
petitioners released on bail by the learned Magistrate/Trial
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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.
(R V J) 20.05.2026 TRP
TO
1. Judicial Magistrate, Thirumangalam, Madurai District
2. Inspector of Police, Thirumangalam Taluk, Police Station, Madurai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J
TRP
ORDER IN
Date : 20/05/2026
https://www.mhc.tn.gov.in/judis
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