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Madras High CourtCRL OP(MD)/8198/2026granted

Rithish Nithish v. State Of Tamilnadu Rep By Inspector Of Police

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 Rithish @ Nithish ... Petitioner/Accused No.3 Vs State of Tamilnadu Rep by, The Inspector of Police, Chinthamani Police Station, Madurai District.

(Crime No. 210 of 2026). ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No. 210 of 2026 on the file of the Respondent Police.

For Petitioner : K.Dinesh, Advocate.

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

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 191(2), 191(3), 118(1) and 351(3) of the BNS Act, 2023, in Crime No.210 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that during the funeral procession, the accused not to allow the deceased and the family members of the deceased through their street. Due to which, the accused persons assaulted the defacto complainant with weapons and caused injuries. Hence, this case.

3. The learned counsel for the petitioners would submit that the petitioner is an innocent and he was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that the injured was discharged from the hospital and no previous case is pending against the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that due to enmity, the accused refused to allow the deceased and the 2/6

family members of the deceased through their street and hence, the accused persons assaulted the defacto complainant with weapons and caused injuries and the investigation is still pending. Hence, he opposes to grant anticipatory bail to the petitioner. He would further submit that the injured was discharge from the hospital and the petitioner has no previous 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 petitioner, and the injured was discharged from the hospital and the petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the 3/6

Judicial Magistrate Court No.IV, Madurai, and on further conditions that:

[b] the petitioner shall report before the respondent police, every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation.

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

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 4/6

be registered under Section 269 B.N.S.

27.04.2026 dss To 1.The Judicial Magistrate Court No.IV, Madurai. 2.The Inspector of Police, Chinthamani Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.8198 of 2026 Date : 27/04/2026 6/6