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Madras High CourtCRL OP(MD)/9834/2026allowed

Prasanna @ Prasanna Kumar v. The State Of Tamilnadu Rep By

2026-05-27Honourable Mr Justice K.Murali Shankar7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.05.2026 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.9834 of 2026 1.Prasanna @ Prasanna Kumar 2.Ajith @ Ajith Kumar 3.Prasil 4.Saravanan 5.Shayasebasthiraj ... Petitioners / Accused Nos.3, 4, 5, 7 and 8 Vs State through The Inspector of Police, Salaigramam Police Station, Sivagangai.

(Crime No.53 of 2026) ... Respondent/ Complainant For Petitioners : Mr.S.Arsath Mohamed Aalam, Advocate.

For Respondent : Mr.D.Venkatesh, Counsel for State of Tamil Nadu (Crl. Side).

For Intervener : Mr.G.Marichamy, Advocate

PETITION FOR ANTICIPATORY BAIL Under Section 482 of B.N.S.S.

PRAYER :- For Anticipatory Bail in Crime No.53 of 2026 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 189(2), 296(b), 115(2), 118(1) and 351(3) BNS in Crime No.53 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there existed temple festival dispute between the parties, on 16.05.2026, the petitioners and other accused are said to have abused the defacto complainant in filthy language and assaulted him and caused injuries and threatened him with dire consequences. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are

innocent and they have not committed any offence as alleged by the prosecution.

4. The learned Counsel for the State of Tamil Nadu (Criminal Side) appearing for the respondent police would submit that this is a case and case in counter case. He would further submit that the injured has been discharged from the hospital.

5. It is not in dispute that a counter case came to be registered in Crime No.54 of 2026 for the offences under Sections 189(2), 296(b), 115(2), 118(1) and 351(3) BNS. According to the learned counsel appearing for the petitioners as well as the learned counsel for State of Tamil Nadu (Criminal Side) appearing for the respondent Police, the Accused Nos.2 and 4 in the counter case (Crime No.54 of 2026) had already obtained anticipatory bail before this Court in Crl.O.P.(MD).No.9734 of 2026 on 20.05.2026.

6. Considering the facts that there existed temple festival dispute between the parties, that the

injured was already discharged from the hospital and also taking note of the fact that the case in counter is pending and also taking note of the fact that Accused Nos.2 and 4 in the counter case (Crime No.54 of 2026) have already been granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ilayangudi, Sivagangai District on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

[a]the petitioners 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 petitioners shall report before the respondent police on every Tuesday at 10.30 a.m., until further orders;

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial;

[d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 BNS, 2023. (K M S J) 27.05.2026 TSG

TO

1. The Judicial Magistrate, Ilayankudi, Sivagangai District.

2. The Inspector of Police, Salaigramam Police Station, Sivagangai District.

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

K.MURALI SHANKAR,J TSG

ORDER

IN CRL OP(MD). No.9834 of 2026 Date : 27.05.2026