Aathish v. State Of Tamilnadu Rep By Inspector Of Police, Koodankulam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Aathish

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Koodankulam Police Station, Tirunelveli.

(Crime No. 293 of 2026 )

...Respondent

For Petitioner : Mr.R.Mathava Selvam Advocate.

For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 293 of 2026 on the file of the respondent police.

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 126(2), 296(b), 115(2), 118(1), 351(3) of BNS, 2023 in Crime No. 293 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, on 08.03.2026 at about 5.30 p.m., when the defacto complainant and his friends were travelling in a two-wheeler, the petitioner along with other accused in an inebriated condition, intercepted them, abused them in filthy language and attacked the defacto complainant with stones and a beer bottle, causing injuries on his head and other parts of the body. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. Hence, he prayed to grant Anticipatory Bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) would submit that based on the complaint given by the defacto complainant, a case has been registered for the offences punishable under Sections 126(2), 296(b), 115(2), 118(1), 351(3) of BNS, 2023 in Crime No. 293 of 2026. He further submits that the petitioner has four previous cases, which are not similar in nature and the injured was discharged from the hospital. He would further submit that the investigation is pending and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioner.

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

6. Considering the rival submissions made on either side and the nature of offences charged against the petitioner, and considering the facts that there is a dispute between the parties in respect of the fixing of flex board and though the petitioner has four previous cases, the same are not similar in nature and in all cases, the petitioner was granted bail and also the injured was discharged from the hospital, I am inclined to grant 3/6

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 learned Judicial Magistrate, Radhapuram, Tirunelveli, and on further conditions that:

[b] the petitioner shall report before the respondent police, on 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 4/6

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 be registered under Section 269 B.N.S.

(P D B J) 29.04.2026 apd To 1.The Judicial Magistrate, Radhapuram, Tirunelveli. 2.The Inspector of Police, Koodankulam Police Station, Tirunelveli.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 8454 of 2026 Date : 29.04.2026 6/6