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Madras High CourtCRL OP(MD)/7453/2026granted

Koodalingam v. State Of Tamilnadu Rep By Sub Inspector Of Police, Thiruthangal

2026-04-17Honourable Mr. Justice P.Dhanabal8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Koodalingam ...Petitioner/Accused No.1 Vs State of Tamil Nadu rep. by The Sub Inspector of Police, Thiruthangal Police Station Virudhunagar District.

(Crime No.45 of 2026)

...Respondent/Complainant

For Petitioner :Mr.S.Muthiah Poosari Amalan M/S.Tamil Law FIRM Advocate.

For Respondent :Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 45 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/accused No.1, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 324(4), 115(2), 127(2), 118(1), 296(b), 132 and 351(2) of BNS, 2023, in Crime No.45 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is working as a Village Assistant in the Enjar Village, Sivakasi panchayat Union, Virudhunagar District. The accused persons had submitted an application before the authorities to issue rural area certificate. The officials have informed that the BDO office only got a power to entertain the application and issue a certificate. On 02.02.2026, at 20.00 hours, the accused persons came to the VAO office and scolded the defacto complainant in filthy language and also attacked 2/8

him with hands and caused simple injuries. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case and he is no way connected in the above said incident. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the investigation is pending and the offences are grave in nature. He would further submit that the injured sustained only simple injury and he has been discharged from the hospital and the petitioner has no previous cases. However, he opposes to grant anticipatory bail to the petitioner.

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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 and the there is a dispute regarding the issue of rural area certificate and the material part of the investigation might have been completed and the injured sustained only simple injury and he has been discharged from the hospital and the petitioner has no previous cases, 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 4/8

Judicial Magistrate No.II, Sivakasi, and on further conditions that:

[b] the petitioner shall appear before the respondent Police once in a week ie., on Every Saturday at 10.30 a.m., for a period of four weeks and 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.

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[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 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) 17.04.2026 vsg 6/8

To 1.The learned Judicial Magistrate No.II, Sivakasi.

2.The Sub Inspector of Police, Thiruthangal Police Station Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 7453 of 2026 Date : 17.04.2026 8/8