Murugesan v. State Represented By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.05.2026
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL Murugesan
...Petitioner
Vs.
State rep. by, The Inspector of Police, Vadikkipalayam Police Station, Coimbatore District.
(Crime No.46 of 2026)
...Respondent
Criminal Original Petition filed under Section 482 of BNSS, seeking to enlarge the petitioner on bail in the event of his arrest in Crime No.46 of 2026, pending on the file of the respondent police. For Petitioner : Mr.Poovalingam.R For Respondent : Mr.A.Gopinath Government Advocate (Criminal Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) & 351(3) of BNS, 2023 in Crime No.46 of 2026 on the file of the respondent police, seeks anticipatory bail.
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2. It is the case of the prosecution that, a wordy quarrel arose between the accused persons and the de facto complainant regarding the plucking of ice apples, during which, the petitioner, along with other accused, abused the de facto complainant in filthy language and assaulted him by using an iron rod, as a result of which, the de facto complainant sustained grievous head injuries and got admitted in the hospital. Hence, the case.
3. Learned counsel for the petitioner submitted that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He further submitted that the injured has been discharged from the hospital and that the petitioner is ready to abide by any stringent conditions imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent, reiterated the prosecution case and he vehemently opposed the grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record. Page No.2 of 7
6. Considering the submissions made by the learned counsel on either side, nature of offences and also considering the fact that the injured has been discharged from the hospital and no previous case is pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner on certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Pollachi Coimbatore District, on condition that 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:
[a] the petitioner 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 their identity;
[b] the petitioner shall report before the respondent police every Saturday at 10.30 a.m., for a period of four weeks and thereafter as and when required for Page No.3 of 7
interrogation;
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 SCW 5560];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
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To:
1. The Judicial Magistrate No.I, Pollachi Coimbatore District.
2. The Inspector of Police, Vadikkipalayam Police Station, Coimbatore District.
3. The Public Prosecutor, High Court, Madras.
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P.DHANABAL , J.
skt/gd Page No.6 of 7
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