Sudalai Alias Surya v. State Of Tamilnadu Rep By Inspector Of Police, Thoothukudi South

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7826 of 2026 1.Sudalai @ Surya 2.Muniyasamy ... Petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, South Police Station, Thoothukudi District.

(Crime No.433 of 2026)

...Respondents/Complainant

For Petitioners : Mr.S.Mandhiralingeswaran, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.433 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 296(b), 351(3) of BNS and Section 4 of 1/6

TNPHW Act and Section 3(1) of TNPPDL Act in Crime No.433 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that on 02.04.2026, at 08.30 hours, when the defacto complainant was in her house, the accused persons have gone there and picked up quarrel with her and abused her in filthy language and damaged her two wheeler worth about Rs.6,000/- and also threatened with dire consequences. Hence, the case.

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. Due to previous enmity, this false case has been foisted against the petitioners. Co-accused in this case has been released on bail. Hence, he prays to grant Anticipatory Bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submits that the offences are grave in nature. In drunken mode, the petitioners picked up quarrel with the defacto complainant and abused her in filthy language, attacked her and also caused damages to her two wheeler. The petitioners have more 2/6

previous cases. Hence, he opposed the grant of anticipatory bail to the petitioners. Investigation is still pending. Nobody was injured in this case.

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, nobody was injured in this case, coaccused was already granted anticipatory bail, though the petitioners are have some previous cases, they are not similar in nature and in all those cases, he was granted bail, 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 Judicial Magistrate No.I, Thoothukudi and on further conditions that: [b] the petitioners shall report before the Inspector of Police, Thalaimuthu Nagar Police Station, daily at 10.30 a.m., for a period of thirty days, thereafter, as and when required for interrogation; 3/6

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

[d] the petitioners shall not abscond either during investigation 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) 21.04.2026 TM To 1.The Judicial Magistrate No.I, Thoothukudi.

2.The Inspector of Police, South Police Station, Thoothukudi District.

3.The Inspector of Police, Thalaimuthu Nagar Police Station, Thoothukudi District. 4/6

4.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. 7826 of 2026 Date : 21.04.2026 6/6