Mariyappan @ Mariappan v. State Of Tamilnadu Rep By Inspector Of Police, Palayamkottai

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. 7109 of 2026 Mariyappan @ Mariappan ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

(Crime No.149 of 2026)

...Respondents/Complainant

For Petitioner : Mr.J.Sivaram 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. 149 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), and 118(1) of BNS, in Crime No.149 of 2026, on the file of the respondent police, seeks anticipatory bail. 1/6

2. The case of the prosecution is that the defacto complainant was worked with A1 and A2 at Kannyakumari through the Building Contractor Prakash. On 19.02.2026 at about 04.45 p.m. A3 contacted the defacto complainant through phone and asked him to come to Samathanapuram. When the defacto complainant reached the Contractor office at Samathanapuram, A1 and A2 abused him in filthy language, A1 lifted him by holding his neck, A2 attacked with screw driver and caused 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. There is previous dispute between the parties. Hence, 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 offences are grave in nature. The accused along with other accused persons planned and asked the defacto complainant to a particular place and attacked him. Hence, he sustained grievous injury. The investigation in this case is still 2/6

pending. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner. However, the petitioner has no previous case and the injured was discharged from the hospital.

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, considering the previous dispute between the parties, injured in this case has been discharged from the hospital and that the investigation is still pending and this petitioner has no previous case and the co-accused has been released on bail 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.II, Sivakasi, Tirunelveli District, 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, 3/6

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 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) 10.04.2026 TM To 1.The Judicial Magistrate No.II, Sivakasi, Tirunelveli District. 2.The Inspector of Police, Palayamkottai Police Station, 4/6

Tirunelveli District.

(Crime No.149 of 2026) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 7109 of 2026 Date : 10.04.2026 6/6