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Madras High CourtCRL OP(MD)/9294/2026granted

Bala @ Pathinettam Padiyan v. State Of Tamilnadu Rep By Inspector Of Police, Mudukulathur

2026-05-13Honourable Mr Justice K.K. Ramakrishnan10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/05/2026

CORAM

THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN Crl.O.P.(MD)No.9294 of 2026

1. Bala @ Pathinettam Padiyan

2. Karthi @ Karthikeyan ... Petitioners/ A1 and A6 Vs The State of Tamilnadu, rep. by The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

... Respondent/ Complainant PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 94 of 2026 on the file of the Respondent Police.

Crl.O.P.(MD)No.9264 of 2026

1. Mathavan @ Mahadevan

2. Malai Kannan ... Petitioners/ A3 and A5 1/10

Vs The State of Tamilnadu, rep. by The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

... Respondent/ Complainant PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 94 of 2026 on the file of the Respondent Police.

Crl.O.P.(MD)No.9276 of 2026 Sabarinathan @ Sabarimalainathan ... Petitioner/ A7 Vs The State of Tamilnadu, rep. by The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

... Respondent/ Complainant PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 94 of 2026 on the file of the Respondent Police.

For Petitioner in all petitions : Mr.M.S.Jeyakarthik 2/10

For Respondent in all petitions : Mr.S.Ravi, Addl. Public Prosecutor COMMON ORDER : The Court made the following order :- The petitioners in Crl.O.P.(MD)No.9294 of 2026/A1 and A6, who were arrested and remanded to judicial custody on 26.04.2026 for the offences punishable under Sections 189(2), 296(b), 115(2), 118(1), 109 and 351(3) of BNS, 2023, in Crime No.94 of 2026 on the file of the respondent police, seek bail.

2. The petitioners in Crl.O.P.(MD)No.9264 of 2026 and the petitioner in Crl.O.P.(MD)No.9276 of 2026, who are accused Nos.3, 5 and 7, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 189(2), 296(b), 115(2), 118(1), 109 and 351(3) of BNS, 2023, in connection with the case in Crime No.94 of 2026 on the file of the respondent police, have filed the above petitions seeking anticipatory bail.

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3. The case of the prosecution is that there is a property dispute between the defacto complainant's father and the 1st accused's grandfather. In view of the existing property dispute, the petitioners said to have assaulted defacto complainant and others with a sickle and iron road and also threatened them with dire consequences. Hence, the case.

4. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, this case has been foisted as against the petitioners in view of the existing property dispute and also with an intention to grab the property, which is in possession of the petitioners.

5. The learned Additional Public Prosecutor opposed these petitions stating that the 1st accused is having seven previous cases, the 3rd accused is having one previous case, the 6th accused is having 4/10

one previous case and the 7th accused is having one previous case. He would further submit that in the alleged occurrence, three persons have sustained injuries, out of which, one person has sustained grievous injuries and he was re-admitted to the Meenakshi Mission Hospital and he was discharged from the hospital only on 10.05.2026.

6. Taking into consideration of the facts and circumstances of the case, the period of incarceration suffered by the accused Nos.1 and 6 and also considering the facts that the injured persons were discharged from the hospital, this Court is inclined to grant bail to the petitioners in Crl.O.P. (MD)No.9294 of 2026/A1 and A6 and to grant anticipatory bail to the petitioners in Crl.O.P. (MD)Nos.9264 and 9276 of 2026/A3, A5 and A7, subject to certain conditions.

7. Accordingly, Crl.O.P.(MD)No.9294, 9264 and 9276 of 2026 are ordered. The petitioners/A1 and A6 are ordered to be released on bail on executing a 5/10

bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court, Mudukulathur, and on further conditions that :- [a] the petitioners/A1 and A6 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/A1 and A6 shall stay at Salem and report before the Inspector of Police, Ammapet Police Station daily at 10.30 a.m., until further orders;

[c] the petitioners/A1 and A6 shall not tamper with the evidence or witness either during investigation or trial;

[d] the petitioner/A1 and A6 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/A1 and A6 in accordance with law as if the conditions have been imposed and the 6/10

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 abscond, a fresh FIR can be registered under Section 269 BNS.

8. The petitioners in Crl.O.P.(MD)Nos.9264 and 9276 of 2026/A3, A5 and A7 are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners 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 satisfaction of the Judicial Magistrate Court, Mudukulathur, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

[a]the petitioners/A3, A5 and A7 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;

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[b] the petitioners/A3, A5 and A7 shall stay at Salem and report before the Inspector of Police, Ammapet Police Station daily at 10.30 a.m., until further orders;

[c]the petitioners/A3, A5 and A7 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 abscond, a fresh FIR can be registered under Section 269 of BNS.

13.05.2026 ogy 8/10

TO

1. The Judicial Magistrate Court, Mudukulathur.

2. The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

3. The Superintendent, District Prison, Ramanathapuram.

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

5. The Inspector of Police, Ammapet Police Station, Salem.

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K.K. RAMAKRISHNAN,J.

ogy COMMON ORDER IN CRL OP(MD)Nos.9294, 9264 and Date : 13/05/2026 10/10