Citation : 2026 Latest Caselaw 2636 Mad
Judgement Date : 20 May, 2026
CRL OP(MD). No.9653 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 20/05/2026
CORAM
THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD). No.9653 of 2026
1. Ayyanar
2. Ramar
3. Jeyaprakash @ Jeyaprakasan
4. Ramesh
5. Boominathan
6. Pandiyarajan
7. Karankumar
8. Rakku
9. Muthuirulayee
10. Vijaya
11. Chithra
12. Selvaraj ... Petitioners/Accused No.1 to 12
Vs
State of Tamilnadu Rep by,
The Inspector of Police,
Thiruppuvanam Police Station,
1/7
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.9653 of 2026
Sivagangai District.
Crime No. 239 of 2026. ... Respondent/Complainant
PRAYER :-
For Anticipatory Bail in Crime No. 239 of 2026 on the file of
the respondent Police.
For Petitioners : M/s.D.Thirumoorthy,
Advocate.
For Respondent : Mr.A.Albert James,
Government Advocate (Crl.Side)
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), 115(2), 118(1), 74 and 351(3) of BNS, 2023, in Crime No.239 of
2026 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and the
defacto complainant are the close relatives. Due to previous enmity, on
07.05.2026, at about 06.30 a.m., the petitioners are said to have abused
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the defacto complainant in filthy language and assaulted him, his father,
his mother and one Muneeswaran and caused blood injuries to all and
threatened them with dire consequences. 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
that due to previous enmity between the defacto complainant and the
petitioners, the alleged occurrence was happened and the injured are still
in hospital. Hence, he strongly opposes to grant anticipatory bail to the
petitioners.
5. By way of reply, the learned counsel for the petitioners would
submit that the petitioners 8 to 11 are women and there is no specific
overtact as against them.
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6. Heard both sides and perused the materials available on record.
7.Since the injured are still in hospital, this Court is not inclined to
grant anticipatory bail to the petitioners 1 to 7 & 12. Hence, this petition
is dismissed as against the petitioners 1 to 7 & 12.
8. However, considering the facts that the petitioners 8 to 11 are
women and there is no specific overt act as against them, I am inclined to
grant anticipatory bail to the petitioners 8 to 11 with certain conditions.
9.Accordingly, the petitioners 8 to 11 are ordered to be released on
bail in the event of arrest or on their appearance, on condition that the
petitioners 8 to 11 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, Thiruppuvanam, within a
period of fifteen days from the date on which the order copy is made
ready and on further conditions that:
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[a] the petitioners 8 to 11 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 8 to 11 shall report before the
respondent police as and when required for
interrogation;
[c] the petitioners 8 to 11 shall not commit any offences of similar nature.
[d] the petitioners 8 to 11 shall not abscond either during investigation or trial.
[e] the petitioners 8 to 11 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 8 to 11 in
accordance with law as if the conditions have been imposed
and the petitioners 8 to 11 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
https://www.mhc.tn.gov.in/judis
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 dss
TO
1. The Judicial Magistrate, Thiruppuvanam.
2. The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
R.VIJAYAKUMAR,J
DSS
https://www.mhc.tn.gov.in/judis
ORDER IN
Date : 20/05/2026
https://www.mhc.tn.gov.in/judis
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