Ariyappan v. State Of Tamilnadu Rep By Inspector Of Police, Devakottai Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL 1.Ariyappan 2.Karthick 3.Kali @ Maheswaran

...Petitioners/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Devakottai Town Police Station, Sivagangai.

(Crime No. 68 of 2026 )

...Respondent/Complainant

For Petitioners : Mr.S.Manojkumar Advocate.

For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 68 of 2026 on the file of the 1/6

respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 109(1) of BNS, 2023, in Crime No. 68 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a seller of plastic bags. On 22.03.2026 at about 15.00 hours, due to quarrel between the defacto complainant and the petitioners regarding the sale of plastic bags at a higher rate, there was a wordy quarrel between the parties and A1 attacked the defacto complainant. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. He would further submit that co-accused was also released on bail. Hence, he prays to grant anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl. Side) would submit that based on the complaint given by the defacto complainant, a case has been registered for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 109(1) of BNS, 2023, in Crime No. 68 of 2026. He would further submit that the injured was discharged from the hospital and the first petitioner has four previouse cases, which are not similar in nature and second and third petitioners have no preivous case. However, he opposes to grant anticipatory bail to the petitioners.

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 petitioners, and considering the facts that the injured was discharged from the hospital and co-accused was arrested and released on bail by this Court and no previouse case is pending against the petitioners 2 and 3 and though the first petitioner has four previous cases, they are not similar in nature and in all cases the bail was granted, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

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[a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to 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, Devakottai, Sivagangai, and on further conditions that:

[b] the petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders;

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

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

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the 4/6

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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 09.04.2026 apd To 1.The Judicial Magistrate, Devakottai, Sivagangai. 2.The Inspector of Police, Devakottai Town Police Station, Sivagangai.

3.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. 6107 of 2026 Date : 09.04.2026 6/6