P.Sivamarkandan v. The State Of Tamilnadu Rep By The Inspector Of Police, Subramaniapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7034 of 2026 P.Sivamarkandan ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Subramaniapuram Police Station, Madurai District.

(Crime No.104 of 2026)

...Respondents/Complainant

For Petitioner : Mr.M.Gururaj 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. 104 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), 118(1) of BNS, in Crime No. 104 of 2026, on the file of the respondent police, seeks anticipatory bail. 1/5

2. The case of the prosecution is that on 10.03.2026 at about 08.30 a.m., due to quarrel between the two families in respect of passing sewage water, the petitioner attacked the defacto complainant's husband with wooden log, thereby, he sustained injuries. 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. In this dispute both parties sustained injuries. Therefore, counter case has also been registered. Hence, he prays to grant Anticipatory Bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submits that the offence is grave in nature. There is dispute between the parties in passing the sewage water. Hence, there was wordy quarrel arose, due to which both parties attacked each other and sustained injuries. There is counter case also registered. Hence, he vehemently opposed the grant of anticipatory bail to the petitioners. There is no previous case pending against the petitioner. The injured in this case has been discharged from the hospital.

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

7. Considering the rival submissions on either side and the nature of offences charged against the petitioner, considering the dispute between the parties, counter case has also been registered, the injured in this case has been discharged from the hospital and there is no previous case against the petitioner, and also considering all the 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 Judicial Magistrate No.VI, Madurai, 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.

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[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]. [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 TM To 1.The Judicial Magistrate No.VI, Madurai.

2.The Inspector of Police, Subramaniapuram Police Station, Madurai District.

(Crime No.104 of 2026) 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. 7034 of 2026 Date : 09.04.2026 5/5