Moorthy Suresh Kannan v. State Of Tamilnadu Rep By Inspector Of Police, Ettayapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Moorthy Suresh Kannan

2. Vinod Raj Moorthy ... Petitioners/Accused Vs State of Tamilnadu Rep by Inspector of Police, Ettayapuram Police Station, Thoothukkudi District.

Crime No.410 of 2025. ... Respondent/Complainant For Petitioners : Mr. A Robinson, Advocate.

For Respondent : Mr.S.S. Manoj Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.410 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 351(2) of BNS, 2023 r/w. Section 4 of TNPHW Act, 2002 in Crime No.410 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to pathway dispute the petitioners herein are said to have attacked to the defacto complainant and also abused him in filthy language. Hence, the complaint.

3. The learned Government Advocate (Crl. side) submits that there is no previous case pending against the petitioners and the injured has already been treated as out patient.

4. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent police.

5. Considering the facts and circumstances of the case and also 2/6

considering the fact that the injured has been treated as out patient and that there is no previous case pending against the petitioners, 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 the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kovilpatti, Thoothukudi District, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that: [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 3/6

respondent police daily at 10.30 am for a period of one week and thereafter, as and when required for interrogation.

[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 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].

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[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 22.01.2026 TRP TO

1. The Judicial Magistrate No.II, Kovilpatti, Thoothukudi District,

2. The Inspector of Police, Ettayapuram Police Station, Thoothukkudi District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.1111 of 2026 Date : 22/01/2026 6/6