S.Subair @ Barakkath Subhair v. State Of Tamilnadu Rep By Inspector Of Police, Thondi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2026 PRESENT The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR S.Subair @ Barakkath Subhair ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Thondi Police Station, Ramanathapuram District.

(Crime No. 96/2026).

... Respondent/Complainant For Petitioner : Mr.K.Ramanathan, For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 96/2026 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 189(2), 296(b), 118(1), 115(2) and 351(3) of BNS, 2023 (corresponding offences under Section 143, 294(b), 324, 323 and 506(2) of IPC, in Crime No.96 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 06.04.2026, the petitioner along with the other accused persons abused the defacto complainant in filthy language and also threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person 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 and also submitted that co-accused was arrested and thereafter released on bail. Hence, he prays to grant anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) fairly submits that due to election motive, the petitioner along with the other accused persons abused the defacto complainant in filthy language and also threatened him with dire consequences and no previous case is pending against the petitioner. However, he opposes to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner and also grant of bail to the co-accused, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

7.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 Court, Thiruvadanai, Ramanathapuram 3/6

District, 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 Aadhar card or Bank pass Book to ensure heir identity;

[b] the petitioner shall report before the respondent police on every Monday at 10.30 a.m., until further orders; [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. [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 4/6

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, 2023.

(R V J) 20.05.2026 TTA TO

1. The Judicial Magistrate Court, Thiruvadanai, Ramanathapuram District.

2.Inspector of Police, Thondi Police Station, Ramanathapuram District.

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

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R.VIJAYAKUMAR,J TTA

ORDER

IN CRL OP(MD) No.9516 of 2026 Date : 20/05/2026 6/6