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Madras High CourtCRL OP(MD)/6793/2026granted

Packiyaraj @ Backiyaraj v. State Of Tamilnadu Rep By Inspector Of Police, Pettaivaithalai

2026-04-07Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6793 of 2026 Packiayaraj @ Backiyaraj ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Petavaithalai Police Station, Trichy District.

(Crime No.92 of 2026)

...Respondents/Complainant

For Petitioner : Mr.V.Vishnu Advocate.

For Respondent : Mr.M.Karunanithi Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 92 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 296(b), 126, 115(2), 118(1), 351(2) of BNS r/w. Section 4 of TNPHW Act, in Crime No.92 of 2026, on the file of the 1/5

respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 26.03.2026 due to the previous motive, the accused intercepted the defacto complainant and abused him and attacked and threatened with dire consequences. 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. There is a land dispute between the parties. Due to the same, this false case has been foisted against him. Hence, he prays to grant Anticipatory Bail to the petitioner.

4. The learned Government Advocate (Crl. side) fairly submits that the offence is grave in nature. Due to the previous enmity, the petitioner attacked the defacto complainant. There is a counter case also registered. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner. However, the petitioner has no previous case. Investigation is still pending.

5. Heard both sides and perused the materials available on record. 2/5

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner and there is land dispute between the parties, that there is a counter case has been registered, the injured in this case has been discharged from the hospital, the petitioner has no previous case and also considering the other facts and circumstances of the 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, Srirangam and on further conditions that:

[b] the petitioner shall report before the respondent police, at 10.30 a.m., on every Saturday for a period of four weeks, thereafter, as and when required for 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 3/5

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) 07.04.2026 TM To 1.The Judicial Magistrate, Srirangam.

2.The Inspector of Police, Petavaithalai Police Station, Trichy District.

(Crime No.92 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. 6793 of 2026 Date : 07.04.2026 5/5