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Madras High CourtCRL OP(MD)/7565/2026partly allowed

Suriya v. State Of Tamilnadu Rep By Inspector Of Police, Thirupparamkundram Law And Order Police Station,

2026-04-20Honourable Mr. Justice P.Dhanabal8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL 1.Suriya 2.Thirumalai Ramkumar 3.R.Sugumar

...Petitioners/A1, A3 & A4

Vs State of Tamil Nadu rep. by The Inspector of Police, Thiruparankundram Law & Order Police Station, Madurai District.

(Crime No.106 of 2026) ..Respondent For Petitioners :Mr.S.Vishnukanth 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.106 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners/A1, A3 & A4, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 296(b), 326(f) and 351(3) of BNS, 2023, in Crime No.106 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a dispute between the college students. On 05.04.2026, at about 03.00 a.m., the first petitioner along with other accused persons took the two wheeler bearing Registration No.TN 59 CR 3601 and set fire to the two wheeler and issued threats. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they were falsely implicated in this 2/8

case and they are no way connected in the above said incident. Hence, he prays to grant anticipatory bail to the petitioners.

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 no one was injured in this case and the petitioners have previous cases. He would further submit that the first petitioner is a named accused and the petitioners 2 and 3 are not named accused. However, he opposes to grant anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6.Since the first petitioner is the named accused, this Court is declined to grant 3/8

anticipatory bail to the first petitioner.

7. Considering the rival submissions on either side and the nature of offences charged against the petitioners and there was a dispute between the college students and the investigation might have been completed and no one was sustained any injuries in this case and though the petitioners 2 and 3 have some previous case, the same are not similar kind of offences and in all cases, they were released on bail and hence, I am inclined to grant anticipatory bail to the petitioners 2 and 3, subject to the following conditions:

[a] Accordingly, this petition is partly allowed and the petitioners 2 and 3 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 4/8

each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI, Madurai, and on further conditions that:

[b] the petitioners 2 and 3 shall report before the respondent police daily at 10.30 a.m., for a period of thirty days and thereafter as and when required for interrogation.

[c] the petitioners 2 and 3 shall not commit any offences of similar nature.

[d] the petitioners 2 and 3 shall not abscond either during investigation or trial.

[e] the petitioners 2 and 3 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 5/8

petitioners 2 and 3 in accordance with law as if the conditions have been imposed and the petitioners 2 and 3 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/petitioners 2 and 3 thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 20.04.2026 vsg 6/8

To 1.The Judicial Magistrate No.VI, Madurai 2.The Inspector of Police, Thiruparankundram Law & Order Police Station, Madurai 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. 7565 of 2026 Date : 20.04.2026 8/8