M.Kesavan v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1.M.Kesavan Son of Muthusamy, 37A2, Kongu Nagar, Krishnapuram, Tiruppur-642111 2.M.Balakrishnan Son of Muthusamy, 37A2, Kongu Nagar, Krishnapuram, Tiruppur-642111 3.K .Ulaganathanan Son of Kaliyappan, B53, Anna Kudiyiruppu, Udumalaipettai, Tiruppur-642128

...Petitioners/Accused

Vs State Rep. By The Inspector of Police, Madathukulam Police Station, Tiruppur District.

Crime No 42 of 2026.

...Respondent/

Complainant Prayer: Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on Anticipatory Bail in the event of their arrest or remand in Crime No.42 of 2026 on the file of the Inspector of Police, Madathukulam Police Station, Tiruppur District. For Petitioners :

Mr.A.M.Natraj

For Respondent:

Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest for the alleged offences under Sections 305(e), 324(3), 296(b) and 315(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS), in Crime No.42 of 2026, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners were involved in the illegal diversion and obstruction of irrigation water in the PAP Canal system by damaging the sluices. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocents and they have not committed any such offences as alleged by the de-facto complainant and they have been falsely implicated in this case. He further submitted that they are ready to abide by any stringent condition that may be imposed by this Court and they are ready to cooperate with the investigation. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that previous cases have been registered against the petitioners. Hence, he strongly opposed to grant anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent.

6. From the submissions made by the learned Government Advocate, (Crl.Side), these petitioners have got previous cases, and the allegations against them are damaging of the public property, namely the sluices. Considering the gravity of the allegation and considering the fact that the petitioners have got previous cases, they do not deserve anticipatory bail.

7. Accordingly, this Criminal Original Petition is dismissed. 18-03-2026 dk

To

1. The Judicial Magistrate, Madathukulam, Tiruppur District.

2. The Inspector of Police, Madathukulam Police Station, Tiruppur District.

3. The Public Prosecutor High Court of Madras.

C.KUMARAPPAN, J.

dk CRL OP No. 7147 of 2026 18-03-2026