M.Prabhakaran v. State Of Tamilnadu Rep By Inspector Of Police, Peraiyur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20/05/2026

CORAM

THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR M.Prabhakaran ... Petitioner/Accused No.6 Vs State of Tamilnadu Rep by, The Inspector of Police, Peraiyur Police Station, Madurai District.

(In Crime No. 39 of 2026). ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No. 39 of 2026 on the file of the respondent police.

For Petitioner : M/s. B. Rajasekar, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 115(2), 118(1), 126(2), 127(2) and 351(3) @ 191(2), 191(3), 126(2), 127(2), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.39 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity on 13.02.2026 at about 10.00 a.m, the petitioner and the other accused are said to have abused the defacto complainant in filthy language and assaulted him with palm tree fronds and caused blood injuries and threatened him with dire consequences. Hence, a case has been registered against the accused for the aforesaid offences. Hence, this petition.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) fairly submits that due to previous enmity between the defacto complainant and the 2/6

petitioner, the alleged occurrence was happened and the injured was discharged from the hospital 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 made on either side, the nature of the offences charged against the petitioner, and the fact that the the injured was discharged from the hospital and no previous case is pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner subject to certain 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 District Munsif cum Judicial Magistrate, Peraiyur, within a period of fifteen days from the date on which the order copy is made 3/6

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 once in a week ie., 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 released on bail by the learned Magistrate / Trial Court 4/6

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 dss TO

1. The District Munsif cum Judicial Magistrate, Peraiyur.

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

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

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R.VIJAYAKUMAR,J DSS

ORDER

IN CRL OP(MD) No.9669 of 2026 Date : 20/05/2026 6/6