R Boopathy v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20/05/2026
CORAM
THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR R Boopathy ... Petitioner/Sole Accused Vs The State of Tamil Nadu Rep By, The Inspector of Police, Pasuvanthanai Police Station, Thoothukudi District.
Cr.No.151 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Cr.No.151 of 2026 on the file of the respondent police.
For Petitioner : M. Maria Vinola, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) 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), 196(b), 118(1) and 351(3) of BNS, 2023 in Crime No.151 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 10.05.2026, when the defacto complainant was travelling in a bike along with his brother, the petitioner is said to have waylaid him and abused him in filthy language and attacked him with a stone on his head 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 petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) fairly submits that due to communal dispute between the defacto complainant and the 2/6
petitioner, the alleged occurrence was happened and it is a case and case in counter and the injured was discharged from the hospital. 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 facts that it is a case and case in counter and the injured was discharged from the hospital, 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 Judicial Magistrate Court No.I, Kovilpatti, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:
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[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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 4/6
[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 Judicial Magistrate Court No.I, Kovilpatti.
2. The Inspector of Police, Pasuvanthanai Police Station, Thoothukudi 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.9752 of 2026 Date : 20/05/2026 6/6