T. Tharmar v. The State Of Tamilnadu Rep By The Inspector Of Police, Sivagiri

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL T.Tharmar

...Petitioner/Accused No.26

Vs State of Tamil Nadu rep. by The Inspector of Police, Sivagiri Police Station Tenkasi District.

(Crime No.118 of 2026)

...Respondent/Complainant

For Petitioner :Mr.J.Krishnakannan 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. 118 of 2026 on the file of the respondent police. 1/8

ORDER : The Court made the following order :- The petitioner/accused No.26, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 109(1) and 351(3) of BNS, 2023 and Section 4 of TNPHW Act, and 3 of TNPPDL Act, in Crime No.118 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that during the Punguni Uthiram festival in the defacto complainant village, on 01.04.2026, at about 21.00 hours, when the members of the defacto complainant's community were taken a pongal pt prcession near Nattar Kadai, close to Periyar, Vathalakundu Mariamman Temple, at that time, all the accused person abused the complainant in filthy language and pelted stones, bricks and sticks at them and caused injuries. Further, they 2/8

damaged the tube lights and serial lights also. 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. He would further submit that it is a case in counter case. a counter complaint has been registered against the defacto complainant. 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 and the petitioner has no previous cases. However, he opposes to grant anticipatory bail to the petitioner.

3/8

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 counter complaint has been registered against the defacto complainant and the material part of the investigation might have been completed and the injured persons have 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, Sivagiri, and on further conditions that:

[b] the petitioner shall appear before the respondent Police daily at 05.00 p.m., 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 5/8

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, Sivagiri.

2.The Inspector of Police, Sivagiri Police Station Tenkasi District.

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

7/8

P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 7548 of 2026 Date : 17.04.2026 8/8