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Madras High CourtCRL OP(MD)/5729/2026granted

Koolu @ Marnadu v. State Of Tamilnadu Rep By The Inspector Of Police, Virudhunagar Rural

2026-03-24Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Koolu @ Marnadu

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar.

(Crime No. 73 of 2026 )

...Respondent

For Petitioner : Mr.S.Vikram Advocate.

For Respondent : Mr.M.K.Karunanithi Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 73 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 115(2), 351(3) of BNS @ Section 296(b), 115(2), 351(3) of BNS and Section 4 of TNPWH Act in Crime No.73 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 25.01.2026, due to previous enmity between the parties, the accused scolded the defacto complainant with filthy language and assaulted him. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. He further submits that A2 and A3 were arrested and released on bail. Hence, he prays to grant Anticipatory Bail to the petitioner.

4. The learned Government Advocate (Crl. Side) fairly submits 2/6

that this is a case and case in counter and the injured discharged from hospital and the petitioner has seven previous cases, out of which two case are pending. Hence, he opposes to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and also considering the facts that this is a case and case in counter and the injured was discharged from hospital and though the petitioner has seven previous cases, in five cases the petitioner was acquitted and in two case, the petitioner was granted bail and also co-accused were already granted bail, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 3/6

each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Virudhunagar, and on further conditions that: [b] the petitioner shall report before the Inspector of Police, Sattur Police Station, Virudhunagar, daily at 10.30 a.m. for a period of thirty days, and thereafter as and when required for the interrogation.

[c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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 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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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 24.03.2026 apd To 1.The Judicial Magistrate-II, Virudhunagar.

2.The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar.

3.The Inspector of Police, Sattur Police Station, Virudhunagar.

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

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P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 5729 of 2026 Date : 24.03.2026 6/6