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Madras High CourtCRL OP(MD)/8651/2026granted

Appukutty v. State Of Tamilnadu Rep By Inspector Of Police, Thennilai

2026-05-07Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.8651 of 2026 1.Appukutty 2.Balakrishnan 3.Boomayammal 4.Jothi ... Petitioners/ A1 to A4 Vs State Rep. by its The Inspector of Police, Thennilai Police Station, Karur District.

(Crime No.60 / 2026) ... Respondent/Complainant For Petitioners : Mr.J.Madhu For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For Intervenor : Mr.S.Ramanathan PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.60 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 118(1), 296(b) and 351(3) of the B.N.S., 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.60 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that, on 21.04.2026 at about 11.00 p.m., when the de-facto complainant and his wife were in their agricultural field, the petitioners herein, who are adjacent landowners, attacked them with hands and wooden logs, used filthy language against them, and caused severe injuries. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that there is a pathway dispute and that the present case is a case and counter-case. He further submitted that the injured persons have been discharged from the hospital. However, he opposed the grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, particularly the fact that the dispute relates to a pathway issue and that the case is one and countercase, coupled with the fact that the injured persons have already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of the petitioners shall 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 Judicial Magistrate, Aravakurichi, within a period of fifteen days from the date on which the order copy was made ready and on further conditions that:

[a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

[b] the petitioners 1 and 2 shall report before the respondent police daily at 10.30 a,m., for a period of two weeks and thereafter, as and when required for interrogation. The petitioners 3 and 4 shall report before the respondent Police as and when required for interrogation. [c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners shall not abscond either during investigation or trial.

[e]On breach of any of the aforesaid conditions, the learned 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 are 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].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 07.05.2026 smn2 To

1. The Inspector of Police, Thennilai Police Station, Karur District.

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

S.SRIMATHY, J.

smn2

ORDER

IN CRL OP(MD)No.8651 of 2026 07.05.2026