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Madras High CourtCRL OP(MD)/4847/2026granted

Magesh @ Maheswaran v. State Of Tamilnadu Rep By Inspector Of Police, Batlagundu

2026-03-05Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.03.2026 PRESENT THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN CRL OP(MD)No.4847 of 2026

1. Magesh @ Maheswaran

2. Sethu @ Sethupathi

3. Ramesh

4. Pandiselvam ... Petitioners/ Accused Nos.2 to 5

Versus

The State of Tamil Nadu, Rep by the Inspector of Police, Batlagundu Police Station, Dindigul District.

(Crime No.102 of 2026) ... Respondent / Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the BNSS, 2023, to enlarge the petitioners/accused Nos.2 to 5 on bail in the event of their arrest in Crime No.102 of 2026 on the file of the respondent police.

For Petitioners :

Mr.R.Muthukumaran 1/6

For Respondent :

Mr.P.Kottaichamy, Government Advocate (Criminal Side) ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191 (2), 296(b), 115(2), 118 (1), 351(3) and 303(2) of BNS, 2023, in Crime No. 102 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a dispute between the petitioners and the defacto complainant, as a result of which the petitioners along with the other accused persons had attacked the defacto complainant with iron rod. Due to which, caused injuries. Hence, the present case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners. 2/6

4. The learned Government Advocate (Criminal Side) submitted that the case in counter in crime No.101 of 2026 and the victim has been discharged from hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the victim has been discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, this petition is allowed and the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Nilakottai, on condition that the petitioners shall execute a separate 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned 3/6

Magistrate concerned 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 Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall appear and sign before the respondent police daily at 10.30 a.m. for a period of fifteen

(15) days and thereafter, as and when required for interrogation.

(c) the petitioners shall not tamper with 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 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]; and 4/6

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

05.03.2026 ebsi To

1. The Judicial Magistrate Court, Nilakottai.

2.The Inspector of Police, Batlagundu Police Station, Dindigul District.

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

5/6

K.K.RAMAKRISHNAN ,J.

ebsi

ORDER

IN CRL OP(MD) No.4847 of 2026 Date : 05.03.2026 6/6