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Madras High CourtCRL OP(MD)/9257/2026partly allowed

Vairamani v. State Of Tamilnadu Rep By Inspector Of Police, Othakadai

2026-05-06Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Vairamani 2.Pandi @ Pandian 3.Prabhu 4.Vairravan 5.Vellayammal 6.Naveen @ Naveenkumar ... Petitioners/Accused Rank not known Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Othakkadai Police Station, Madurai District.

(Crime No.153 of 2026) ... Respondent/Complainant For Petitioners : Mr.A.Subramanian Advocate.

For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/7

PRAYER :- For Anticipatory Bail in Crime No.153 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 191(2), 296(b), 115(2),118(1) and 351(3) of BNS and Section 4 of TNPHW Act, in Crime No.153 of 2026, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioners have abused the defacto complainant by using filthy words and also attacked him. 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. A counter case in Crime No.152 of 2026 has also been registered on the alleged occurrence. 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 2/7

to the petitioners.

4. The learned Government Advocate (Crk.Side) submitted that the first petitioner is not an accused in this case. He further submits that A1 is having three previous cases and A2 & A3 are having one previous case each, as against them and therefore, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also there is a case and counter case, this Court is inclined to grant anticipatory bail to the petitioners 2 to 6, subject to certain conditions. Since it is reported that the first petitioner is not an accused, this Criminal Original Petition is closed insofar as the first petitioner is concerned.

6.Accordingly, the petitioners 2 to 6 are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners 2 to 6 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the 3/7

satisfaction of the Judicial Magistrate Court, Melur, 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 2 to 6 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 2 to 6 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.

[c]the petitioners 2 to 6 shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners 2 to 6 shall not abscond either during investigation or trial.

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[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 2 to 6 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) 06.05.2026 vrn 5/7

To 1.The Judicial Magistrate Court, Melur.

2. The Inspector of Police, Othakkadai Police Station, Madurai District.

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

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S.SRIMATHY,J vrn

ORDER

IN 06.05.2026 7/7