Asaithambi v. State Of Tamilnadu Rep By Sub Inspector Of Police, Kodaikanal

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. 7191 of 2026 1.Asaithambi 2.P.Jeyaganthan ... Petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, Kodaikanal Police Station, Dindigul District.

(Crime No.133 of 2026)

...Respondents/Complainant

For Petitioners : Mr.M.Dhamodaran 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. 133 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 132, 296, 115(2) of BNS, in Crime No. 1/5

133 of 2026, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 29.03.2026, the defacto complainant driving the bus on duty bearing Registration No.TN 57 N 2734, the bus met with the petitioners' car on the ghat road from Palani to Kodaikanal. In this connection there was a quarrel between the petitioners and consequently, thereafter, the petitioners assaulted the defacto complainant at Vadakounchi Village on the way to Kodaikanal. Therefore, this case has been registered.

3. The learned counsel for the petitioners submits that the petitioners are innocent and they were falsely implicated in this case and they are in no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. The first petitioner is working as a private School Teacher. Hence, he prays to grant Anticipatory Bail to the petitioners.

4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. The petitioners assaulted the defacto complainant with wooden log. Hence, he vehemently opposed the grant of anticipatory bail to the petitioners. Investigation is still pending. The injured was discharged from the hospital. The petitioners have no previous case. 2/5

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 petitioners, the injured was discharged from the hospital and the petitioners have no previous case and also considering all the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Kodaikanal, Dindigul District and on further conditions that:

[b] the petitioners shall report before the respondent police, at 10.30 a.m., on every Saturday for a period of four weeks and thereafter, as and when required for interrogation; [c] the petitioners shall not commit any offences of similar nature.

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

or trial.

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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, Kodaikanal, Dindigul District. 2.The Inspector of Police, Kodaikanal Police Station, Dindigul District.

(Crime No.133 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. 7191 of 2026 Date : 10.04.2026 5/5