Yovan v. State Of Tamilnadu Rep By Inspector Of Police, Radhapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7171 of 2026 Yovan ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Radhapuram Police Station, Tirunelveli District.

(Crime No.371 of 2025)

...Respondents/Complainant

For Petitioner : Mr.J.Arul Prakash 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. 371 of 2025 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 194 BNS @ 103(1), 109(1) of BNS 2023 r/w. 109, 118(1), 249(A), 296(b), 3(5), 351(3) and 49 of BNS, in Crime 1/6

No.371 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous motive with the deceased's sister, on 06.08.2025, while the deceased along with his friend travelling in the bike, all the 7 accused persons followed them, hit the bike with car and both of them fell down from the vehicle and thereafter, they attacked the deceased with knife and sickle indiscriminately and caused death. 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. Initially petitioner was arrayed as A5. Thereafter, the case was altered. Earlier application filed by the petitioner was dismissed by this Court. This is second application before this Court. Now the investigation in this case has been completed and charge sheet has also been filed before the concerned court and pending for committal proceedings. On the confession statement of the co-accused, the petitioner was implicated in this case. Hence, he prays to grant Anticipatory Bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) fairly submits that the offences are grave in nature. Totally there are 7 accused in this case. There was love affair between the A1 and the sister of deceased. Thereafter, the deceased's sister left the A1 knowing that he is a married man. Due to this motive, the A1 arranged A2 to A7 to commit murder. A1 is the main accused. He has four previous cases, not similar in nature. Considering the gravity of offence, earlier anticipatory bail application filed by the petitioner was dismissed by this Court. Investigation has been completed and thet case is now pending for committal proceedings. Hence, he vehemently opposed the granting of 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, that the petitioner is not named accused, only based on the confession statement of the co-accused he was arrayed as accused in this case, even according to the prosecution he was not present in the scene of occurrence, investigation has been completed and the case is pending for committal proceedings, that though the petitioner has four previous cases, they are not similar in nature and in all those cases, he was 3/6

granted bail and considering all other facts and circumstances of the case, 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 each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Radhapuram, and on further conditions that: [b] the petitioner shall report before the District Munsif cum Judicial Magistrate, Radhapuram, at 10.30 a.m., on all working days, until further orders;

[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 4/6

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) 10.04.2026 TM To 1.The District Munsif cum Judicial Magistrate, Radhapuram, Tirunelveli District.

2.The Inspector of Police, Radhapuram Police Station, Tirunelveli District.

(Crime No.371 of 2025) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 7171 of 2026 Date : 10.04.2026 6/6