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Madras High CourtCRL OP(MD)/9287/2026granted

Pilavadiyan v. The State Of Tamil Nadu, Rep By

2026-06-01Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Pilavadiyan

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Sub-Inspector of Police, Nathampatti Police Station, Virudhunagar.

(Crime No. 78 of 2026 )

...Respondent

For Petitioner : M/s.S.Modharshini Advocate.

For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 78 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) and 351(2) of BNS, 2023 in Crime No. 78 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 28.04.2026 at about 11.00 a.m., when the defacto complainant was travelling in a TATA ACE vehicle, the petitioner and other accused were travelling in another TATA ACE vehicle in front of the defacto complainant's vehicle and were applying brake and stopped the vehicle intermittently. When the same was questioned, the accused abused the defacto complainant with filthy language and attempted to attack him with a small knife, due to which the complainant sustained injury. 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. He would further submit that 2/6

counter case is also registered and co-accused were already released on bail. Hence, he prayed to grant Anticipatory Bail to the petitioner.

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) and 351(2) of BNS, 2023 in Crime No. 78 of 2026. He would further submit that the injured was discharged from the hospital and the petitioner has no previous case. 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 the injured was discharged from the hospital, counter case is also registered, co-accused were released on bail and the petitioner has no previous case and also the petitioner was also granted interim 3/6

anticipatory bail, 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 learned District Munsif-cum-Judicial Magistrate, Watrap 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. 4/6

[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 be registered under Section 269 B.N.S.

(P D B J) 01.06.2026 apd To 1.The District Munsif-cum-Judicial Magistrate, Watrap. 2.The Sub-Inspector of Police, Nathampatti Police Station, Virudhunagar.

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

5/6

P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 9287 of 2026 Date : 01.06.2026 6/6