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Madras High CourtCRL OP(MD)/2429/2026granted

Illaiyaraja v. State Of Tamilnadu Rep By Inspector Of Police, Thirumangalam Taluk

2026-02-06Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.02.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Illaiyaraja ... Petitioner/A1 Vs State of Tamilnadu Rep by, The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

(In Crime No.228 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.K.Samy Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-33AB For Anticipatory Bail in Crime No. 228 of 2025 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences 1/7

punishable under Sections 329(4), 296(b), 115(2), 76, 303(2) and 351(2) of BNS, 2023 and Section 4 of TNPHW Act, in Crime No.228 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to civil dispute, the petitioner and other accused persons trespassed into the defacto complainant's house and abused her in filthy language and also attacked her and her family members. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) for the respondent police submitted that the 2/7

injured persons have been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that the injured persons have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6.Accordingly, this petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his 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, Thirumangalam, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

[a]the petitioner and the sureties 3/7

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 directed to deposit a sum of Rs.5,000/-(Rupees Five Thousand only) to the credit of Crime No.228 of 2025 on the file of the learned Judicial Magistrate, Thirumangalam. After depositing the said amount, the Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed. The learned Judicial Magistrate or Trial Court 4/7

shall pass orders regarding entitlement of the said amount in its final order/Judgment; if any default in payment of installments, the anticipatory bail granted will be automatically dismissed;

[c] the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders.

[d]the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e]the petitioner shall not abscond either during investigation or trial;

[f]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 5/7

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];

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

06.02.2026 vsg TO 1.The learned Judicial Magistrate, Thirumangalam. 2.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

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

6/7

S.SRIMATHY,J., vsg

ORDER

IN CRL OP(MD) No.2429 of 2026 Date : 06.02.2026 7/7