Sudharsan v. State Of Tamilnadu Rep By Inspector Of Police, Austinpatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06/05/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY Sudharsan ... Petitioner Vs State of Tamilnadu Rep by Inspector of Police, Austinpatti Police Station, Topur,Madurai District.

Crime No.108 of 2026.

... Respondent PRAYER :- AB. For Anticipatory Bail in Crime No.108 of 2026 on the file of the Respondent Police.

For Petitioner : Mr.A.Balaji For Respondent : Mr.E.Antony Sahaya Prabhahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 1/5

115(2), 351(2) of BNS 2023 and Section 4 of TNPWH Act, in Crime No. 108 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner in an intoxicated condition attacked the defacto complaint and caused injuries and threatened him. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there was pathway dispute and the victim sustained only simple injuries and the injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, this Court 2/5

is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner 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 learned Judicial Magistrate, Thirumangalam, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

[a]the petitioner 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 petitioner shall report before the respondent police at 10.30 a.m for a period of one week and therafter as and when required for interrogation;

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial; 3/5

[d]the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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.

06.05.2026 CM TO,

1. The Inspector of Police, Austinpatti Police Station, Topur,Madurai District.

Crime No.108 of 2026.

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

3. The Judicial Magistrate, Thirumangalam 4/5

S.SRIMATHY,J CM

ORDER

IN CRL OP(MD) No.9375 of 2026 Date : 06/05/2026 5/5