V.Vijayaraj v. State Of Tamilnadu Rep By Inspector Of Police, Devarkulam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/01/2026
CORAM
THE HONOURABLE MRS. JUSTICE S.SRIMATHY V.Vijayaraj, ... Petitioner Vs.
State of Tamilnadu Rep by Inspector of Police, Devarkulam Police Station, Tirunelveli District.
Crime No.541 of 2025.
... Respondent PRAYER :- . For Anticipatory Bail in Crime no.541 of 2025 on the file of the Respondent Police.
For Petitioner : Mr.I.Pinaygash, Advocate.
For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side)
ORDER
The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 281, 125(a), 106(1) BNS and Section 199-A of MV Act, in Crime No.541 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/6
2. The case of the prosecution is that the petitioner's son, who is a minor, drove the two wheeler of the petitioner in a rash and negligent manner and dashed against the father of the defacto complainant and the defacto complainant's father died. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.
4. The learned Government Advocate (Crl.Side) submitted that the petitioner is the father of minor, who committed the offence. He further submitted that the investigation is pending. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
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6. Accordingly, this Petition is allowed and the petitioner are ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall execute a separate 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 Judicial Magistrate No.III, Tirunelveli, within a period of fifteen days from the date of receipt of a copy of this order 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 Aadhaar card or bank pass book to ensure their identity; [b] The petitioner is advised not to permit the minor to drive the vehicle. The petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required for interrogation.
[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial. 3/6
[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 is 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 absconds, a fresh FIR can be registered under Section 269 of BNS.
09.01.2026 LS 4/6
TO
1. The Judicial Magistrate No.III, Tirunelveli 2.The Inspector of Police, Devarkulam, Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.
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S.SRIMATHY,J LS
ORDER
IN CRL OP(MD) No.705 of 2026 Date : 09/01/2026 6/6