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Madras High CourtCRL OP(MD)/8168/2026granted

Hariharan v. The State Of Tamilnadu Rep By The Inspector Of Police, Thiruppuvanam

2026-04-27Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL

1. Hariharan

2. Ranjithkumar ... Petitioners/Accused No.9&10 Vs The State of Tamilnadu Rep By, The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

(Crime No.117 of 2026). ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.117 of 2026 on the file of the respondent Police.

For Petitioners : C.Jeya Prakash, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS, 2023 @ 191(3), 191(2), 296(b), 109(1), 115(2), 351(3) of BNS, 2023, in Crime No.117 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 18.03.2026 at about 07.45 p.m, the petitioners and other accused are said to have attacked the son of the complainant and caused injuries. Hence, this case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. He would further submit that the petitioner's name were not found in the FIR and the injured was discharged from the hospital and the co-accused (A5) was released on bail. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) would submit that due to pervious motive, the petitioners and other accused are said to 2/6

have attacked the son of the complainant with deadly weapons and caused grievous injuries and the first petitioner has 4 pervious cases and the investigation is still pending. Hence, he opposes to grant anticipatory bail to the petitioners. He would further submit that the injured was discharged from the hospital and the co-accused was released on bail and no previous case is against the second 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 petitioners, and the petitioners are not a named accused in the FIR and the injured was discharged from the hospital and the co-accused was already released on bail and though the first petitioner has 4 previous cases, those case are not a similar kind of cases and in all cases he was released on bail and anticipatory bail and no previous cases is pending against the second petitioner, 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 3/6

for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the District Munsif Cum Judicial Magistrate, Thiruppuvanam, Sivagangai Dsitrict, and on further conditions that:

[b] the petitioners shall report before the respondent police, daily at 10.30 a.m. for a period of 30 days, and thereafter as and when required for the interrogation.

[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 4/6

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) 27.04.2026 dss To 1.The District Munsif Cum Judicial Magistrate, Thiruppuvanam, Sivagangai Dsitrict.

2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.8168 of 2026 Date : 27/04/2026 6/6