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Madras High CourtCRL OP(MD)/4644/2026granted

Chellapandi v. State Of Tamilnadu Rep By

2026-03-04Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/03/2026

CORAM

THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN

1. Chellapandi

2. Pandiselvi ... Petitioners/Accused Rank not known Vs State of Tamilnadu Rep By, The Inspector of Police, M.Kallupatti Police Station, Madurai District.

(Cr.No.20 of 2026) ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.20 of 2026 on the file of the respondent police.

For Petitioner : M/s.P.Praveen Kumar, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 55, 58, 355 of 1/6

IPC/296(b), 115(2), 118(1), 133 of BNS, 2023, in Crime No.20 of 2026 on the file of the respondent police, seek anticipatory bail.

2. According to the prosecution, on 21.02.2026 at 09.00 p.m, due to the dispute between the petitioners and the defacto complainant and the accused relating to taking water in the public tank, the accused are said to have attacked the complainant and caused blood injury. When the same was prevented by the defacto complainant's brother, they also attacked him, resulting in permanent blindness. Thereby, the respondent police registered a case for the aforesaid offences.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that it is a case and case in counter and counter case has been registered in Crime No.19 of 2026 against the complainant and they also sustained injury in the 2/6

said occurrence and injured in both cases were discharged from the hospital and no previous case is pending against the petitioners. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that it is a case and case in counter and there is no previous case pending against the petitioners and the injured persons have been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners.

5. This Court considered the rival submissions and perused the materials available on record.

6. Considering the facts and circumstances of the case and also considering the facts that it is a case and case in counter and there is no previous case pending against the petitioners and the injured persons have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

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7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of 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 Judicial Magistrate Court No.2, Usilampatti, Madurai, 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 respondent police daily at 10.30 a.m.,for a period of 15 days 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;

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[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];

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

04.03.2026 DSS TO

1. The Judicial Magistrate Court No.2, Usilampatti, Madurai.

2. The Inspector of Police, M.Kallupatti Police Station, Madurai District.

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

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K.K. RAMAKRISHNAN,J DSS

ORDER

IN CRL OP(MD) No.4644 of 2026 Date : 04/03/2026 6/6