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Arumugasamy vs State Of Tamilnadu Rep By Inspector Of ...
2026 Latest Caselaw 2665 Mad

Citation : 2026 Latest Caselaw 2665 Mad
Judgement Date : 20 May, 2026

[Cites 2, Cited by 0]

Madras High Court

Arumugasamy vs State Of Tamilnadu Rep By Inspector Of ... on 20 May, 2026

Author: R.Vijayakumar
Bench: R.Vijayakumar
                                                                   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 :-

https://www.mhc.tn.gov.in/judis

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.

https://www.mhc.tn.gov.in/judis

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:

https://www.mhc.tn.gov.in/judis

[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

https://www.mhc.tn.gov.in/judis

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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