Citation : 2026 Latest Caselaw 2665 Mad
Judgement Date : 20 May, 2026
CRL OP(MD). No.9623 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.9623 of 2026
1. Arumugasamy
2. Kaliraj
... Petitioners/Accused
Vs
State of Tamilnadu Rep by,
The Inspector of Police,
Dhalavaipuram Police Station,
Virudhunagar District.
Crime No.167 of 2026.
... Respondent/Complainant
For Petitioner : K.Sankar,
Advocate.
For Respondent : Mr.A.Albert James,
Government Advocate (Crl.Side)
PRAYER :-
C-33AB. For Anticipatory Bail in Crime No.167 of
2026 on the file of the Respondent Police.
ORDER :
The Court made the following order :-
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The petitioners, who apprehend arrest at the
hands of the respondent police for the offences
punishable under Sections 296(b) & 351(3) of BNS and
Section 4 of TNPHW Act, in Crime No.167 of 2026 on
the file of the respondent police, seek anticipatory
bail.
2. The case of the prosecution is that due to
previous enmity, the petitioners along with other
accused persons have abused the defacto complainant
in filthy language and attacked him. Hence, the
complaint.
3. The learned counsel for the petitioners
submitted that the petitioners are innocent persons
and they have not committed any offences as alleged
by the prosecution. He further submitted that the
petitioners are ready and willing to abide by any
conditions which may be imposed by this Court. Hence,
he seeks anticipatory bail to the petitioners.
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4. The learned Government Advocate (Criminal
Side) submitted that there is no previous case
pending against the petitioners and the investigation
is almost completed. However, he opposed for grant of
anticipatory bail to the petitioners.
5. Considering the facts and circumstances of
the case, and since there was no injury, this Court
is inclined to grant anticipatory bail to the
petitioners, subject to certain conditions.
6.Accordingly, the petitioners are ordered to be
released on bail in the event of arrest or on their
appearance, on condition that each of the petitioner
shall 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, Rajapalayam, Virudhunagar District,
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 and the sureties
shall affix their photographs and left
thumb impression in the surety bond and
the Magistrate may obtain a copy of their
Aadhaar card or bank pass book to ensure
their identity;
[b] the petitioners shall report
before the respondent police weekly once,
ie., on every Monday at 10.30 a.m, until
further orders;
[c]the petitioners shall not tamper
with the evidence or witness either
during investigation or trial;
[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 are
released on bail by the learned
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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];
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
(R V J) 20.05.2026 PJL
TO
1. The Judicial Magistrate, Rajapalayam, Virudhunagar District.
2. The Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J
PJL
ORDER IN
Date : 20/05/2026
https://www.mhc.tn.gov.in/judis
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