Ajaydevan v. State Of Tamilnadu Rep By Inspector Of Police, Thiruppachethi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Ajaydevan

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Thiruppachethi Police Station Sivagangai District (Crime No.169 of 2025)

...Respondent

For Petitioner : Mr.R.L.Dhilipan Pandian for Mr.N.Thamizhanban For Respondent : Mr.P.Vetrivel Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.169 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- This matter is listed today under the caption 'For maintainability'.

2. The learned counsel appearing for the petitioner would submit that already the petitioner obtained anticipatory bail in Crl.M.P.No.2762 of 2025 and thereafter without giving any opportunity to the petitioner the Sessions Court cancelled bail through order dated 16.12.2025 in Crl.M.P.No.3192 of 2025 without any speaking order, thereafter the petitioner approached this Court for grant of anticipatory bail in Crl.O.P(MD) No.545 of 2026 and the same was dismissed on 09.01.2026 by directing the petitioner to surrender before the trial court and thereafter the petitioner has filed this petition apprehending arrest , therefore the present petition is maintainable.

3. The learned Government Advocate(Crl.Side) appearing for the respondent police would submit that once the bail granted by the Sessions Court is cancelled, without challenging the said order the anticipatory bail is not maintainable. However the already the petitioner filed anticipatory bail and the same was dismissed on 09.01.2026 by directing the petitioner to surrender before the Sessions Court. Without complying the order of this Court and without surrendering before the Sessions Court,once again 2/6

approached this Court by filing fresh application therefore the petition is not maintainable.

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

5. It is admitted fact the anticipatory bail was granted to the petitioner by the Sessions Court in Crl.M.P.No.2762 of 2025 dated 25.09.2023 and thereafter the respondent has filed petition for cancellation of bail on the ground that the petitioner has not complied with the condition in Crl.M.P.No. 3192 of 2025 and the same was allowed by the Sessions Court. The said order has not been challenged by the petitioner . Without challenging the order of cancellation of bail by the Sessions Court, the petitioner approached this Court for grant of anticipatory bail in Crl.O.P(MD) No.545 of 2026 and the same was dismissed by this Court on 09.01.2026 by directing the petitioner to surrender before the Sessions Court. Without complying with the said order once again the petitioner approached this Court. It is settled law that once bail is cancelled without challenging the said order the petitioner cannot approach the Court for grant of anticipatory bail, thereby the present petition is not maintainable. However if the petitioner surrenders before the Sessions Court within two 3/6

weeks from the date of receipt of a copy of this order and seeks regular bail, it shall be considered on the very same day. Advance copy shall be served on the Public Prosecutor to facilitate the hearing. Any such application for regular bail has to be considered on its own merits including the fact that originally he had been released on bail and such other grounds that may be raised without being prejudiced by the present order. 6.With the above direction, the petition stands disposed of. (P D B J) 04.06.2026 aav To 1.The Principal District Court, Pudukottai 2.The Inspector of Police, Thiruppachethi Police Station Sivagangai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No. 8880 of 2026 Date : 04.06.2026 6/6