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Madras High CourtCRL OP(MD)/3466/2026granted

Muthuraj v. State Of Tamilnadu Rep By Inspector Of Police, Kallidaikurichi

2026-02-18Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Muthuraj ... Petitioner/Accused Vs State of Tamilnadu Rep. by, The Inspector of Police, Kalidaikurichi Police Station, Tirunelveli District.

Crime No.47 of 2026.

... Respondent/Complainant For Petitioner : A.Banumathy, Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PRAYER :- C-38AB. For Anticipatory Bail in Crime No.47 of 2026 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 1/6

punishable under Sections 191(2), 191(3), 296(b), 115(2), 109(1), 118(1), 115(2), 351(3) of BNS 2023, r/w Section 3 of the Tamil Nadu Public Property (Prevention Of Damage and loss) Act, 1992, in Crime No.47 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner and other accused persons wrongfully restrained the defacto complainant and his companions and criminally intimidated them and attacked them using deadly weapons and caused injuries. 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. 2/6

4. The learned Government Advocate(Crl. side) submitted that the injured has been discharged from hospital. He further submitted that the petitioner has no previous case and totally there are 9 accused and A8 was already granted anticipatory bail. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and considering the nature of offence and already some of the accused were granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 learned Judicial Magistrate, Ambasamudram, Tirunelveli District, 3/6

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 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 shall report before the respondent police daily at 10.30 a.m, for a period of one week and thereafter as and when required;

[c]the petitioner shall not tamper with the 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 4/6

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.

18.02.2026 PJL TO

1. Judicial Magistrate, Ambasamudram, Tirunelveli District.

2. The Inspector of Police, Kalidaikurichi Police Station,Tirunelveli District.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.3466 of 2026 Date : 18/02/2026 6/6