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Madras High CourtCRL OP(MD)/1102/2026granted

Thiraviam v. State Of Tamilnadu Rep By Inspector Of Police, Othakadai

2026-01-22Honourable Mrs Justice S.Srimathy6 pages

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

1. Thiraviam

2. Rajiv Gandhi ... Petitioners/Accused Vs State of Tamilnadu Rep by Inspector of Police, Othakadai Police Station, Madurai District.

Crime No.14 of 2026. ... Respondent/Complainant For Petitioner : Mr. V.Bharkavi Advocate.

For Respondent : Mr.S.S. Manoj Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No. 14 of 2026 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 206(b), 115(2), 118(1), 351(3) of BNS, 2023 @ 294(b), 323, 324 and 506(ii) of IPC in Crime No.14 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to land dispute, the petitioners herein are said to have attacked to the defacto complainant with iron rod and also threatened him with dire consequences. Hence, the complaint.

3. The learned Government Advocate (Crl. side) submits that this is a case and counter case and the defacto complainant has sustained simple injury. He would further submit that petitioners are having 4 and 8 previous respectively and the investigation of the case is pending.

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

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5. In spite of the petitioners having previous cases, considering that this is a case and counter case, and that the de facto complainant has sustained only simple injuries, 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, Melur, 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; 3/6

[b] the petitioners shall stay at Trichy and report before the Cantonment Police Station, Trichy daily at 10.30 am 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 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, Melur.

2, The Inspector of Police, Othakadai Police Station, Madurai 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.1102 of 2026 Date : 22/01/2026 6/6