A.Balasubramani v. State Of Tamilnadu Rep By Inspector Of Police, Sivagiri
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL 1.A.Balasubramani 2.E.Surya 3.R.Ganesan 4.G.Mahendran 5.Ajithkumar @ Ajith 6.T.Ramasamy 7.R.Selvakumar
...Petitioners
/A9, 14, 16, 19, 20, 27 & 34 Vs State of Tamil Nadu rep. by The Inspector of Police, Sivagiri Police Station, Tenkasi District.
(Crime No.118 of 2026) ..Respondent For Petitioners :Mr.H.Jahir Hussain 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.118 of 2026 on the file of the respondent police.
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ORDER : The Court made the following order :- The petitioners/A9, 14, 16, 19, 20, 27 & 34, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(2) and 109(1) of BNS, 2023, and Section 4 of TNPHW Act, and Section 3 of TNPPDL Act, 1992, in Crime No.118 of 2026 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 01.04.2026, during a temple festival, a dispute arose between two communities and the petitioners and other accused persons unlawfully assembled and abused the rival group and pelted stones at both the rival group and the police officials, thereby causing injuries and damaging the public property. Hence, the case.
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3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they were falsely implicated in this case and they are 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 rival group in Crime No.116 of 2026 and in the counter complaint, this Court has already granted anticipatory bail to them. 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 the injured person has been discharged from the hospital and the petitioners have no previous cases. However, he opposes to grant anticipatory bail to the petitioners.
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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 there was a dispute between the parties during temple festival and the counter complaint has been registered against the defacto complainant in Crime No.116 of 2026 and in the counter complaint, this Court has already granted anticipatory bail to them and the petitioners have no previous cases and also considering the fact that the injured person has been discharged from the hospital, 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 4/8
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 Court, Sivagiri, and on further conditions that:
[b] the petitioners shall report before the respondent police once in a week ie., on Every Saturday at 06.00 p.m., for a period of four weeks and thereafter as and when required for 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 5/8
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/petitioners thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
(P D B J) 27.04.2026 vsg 6/8
To 1.The Judicial Magistrate Court, Sivagiri.
2.The Inspector of Police, Sivagiri Police Station, Tenkasi 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. 8211 of 2026 Date : 27.04.2026 8/8