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Madras High Court/6193/2026granted

Mariappan @ Mariselvam v. State Of Tamilnadu Rep By Inspector Of Police, Kallidaikurichi

2026-03-30Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6193 of 2026 Mariappan @ Mariselvam ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Kallidaikurichi Police Station, Kallidaikurichi, Ambasamudram Taluk, Tirunelveli District.

(Crime No.47 of 2026)

...Respondents/Complainant

For Petitioner : Mr.N.Vignesh 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. 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 for the offences punishable under Sections 191(2), 191(3), 296(b), 109(1), 118(1), 1/5

115(3) and 351(3) of BNS, 2023 and Section 3 of Tamil Nadu Public Property (Prevention of Damage of 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 on 19.01.2026 at 08.00 p.m., due to previous enmity, there was wordy altercation arose between the parties. In the result of which, the accused party attacked the defacto complainant with aruval and caused injuries to them, criminally intimidated them and also damaged their bike. 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 this is case and case in counter. Hence, he prays to grant Anticipatory Bail to the petitioner. Co-accused in this case were arrested and released on bail.

4. The learned Government Advocate (Crl. Side) fairly submits that this is the case and case in counter and the petitioner has no previous case and also the injured has discharged from the hospital. However, he opposes to grant 2/5

anticipatory bail to the petitioner. He also confirmed that the co-accused were released on bail and anticipatory bail.

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 considering the facts that the injured discharged from the hospital, co-accused were released on bail and the petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioners, 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 each for a like sum to the satisfaction of the learned Judicial Magistrate, Ambasamudram and on further conditions that:

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

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

[d] the petitioner shall not abscond either during investigation 3/5

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

(P D B J) 30.03.2026 TM To 1.The Judicial Magistrate, Ambasamudram, Tirunelveli District. 2.The Inspector of Police, Kallidaikurichi Police Station, Kallidaikurichi, Ambasamudram Taluk, Tirunelveli District.

(Crime No.47 of 2026) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 6193 of 2026 Date : 30.03.2026 5/5