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Madras High CourtCRL OP(MD)/7568/2026granted

Sri Abinesh @ Abinesh, v. State Of Tamilnadu Rep By Inspector Of Police, Mudukulathur

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 Sri Abinesh @ Abinesh

...Petitioner/sole Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Mudukulathur Police Station Ramanathapuram District.

(Crime No.80 of 2026)

...Respondent/Complainant

For Petitioner :Mr.C.Senthil Murugan Advocate.

For Respondent :Mr.B.Nambi Selvan PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.80 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent for the 1/8

offences punishable under Sections 126(2), 296(b) and 118(1) of BNS, 2023, in Crime No.80 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 03.04.2026, the defacto complainant has collected an amount from the villagers for repairing water tab, at that time, the petitioner abused the defacto complainant in filthy language and also assaulted him with stone and he sustained injuries. Hence, the case.

3. The learned counsel 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 2/8

in Crime No.79 of 2026. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that the investigation is pending and the offences are grave in nature and the injured person has been discharged from the hospital and the petitioner has no previous cases. However, he opposes to grant anticipatory bail to the petitioner.

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 there was a dispute between the parties regarding sharing money for the repairing water tab and the counter complaint 3/8

has been registered against the defacto complainant in Crime No.79 of 2026 and also considering the fact that the injured person has been discharged from the hospital and the petitioner has no previous cases, 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, Mudukulathur, and on further conditions that:

[b] the petitioner shall report before the respondent police once in a week ie., on Every Saturday at 10.30 4/8

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.

[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 5/8

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 Note:Issue Order Copy on 17.04.2026.

To 1.The Judicial Magistrate, Mudukulathur.

2.The Inspector of Police, Mudukulathur Police Station Ramanathapuram District.

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

6/8

7/8

P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 7568 of 2026 Date : 17.04.2026 8/8