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Madras High CourtCRL OP(MD)/9861/2026allowed

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

2026-05-27Honourable Mr Justice K.Murali Shankar6 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.9861 of 2026 Sudharsan ... Petitioner / Accused No.3 Vs State through The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

(Crime No.384 of 2025) ... Respondent/ Complainant For Petitioner : Mr.S.Nihar Ali, Advocate.

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

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

PRAYER :- For Anticipatory Bail in Crime No.384 of 2025 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) BNS in Crime No.384 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there existed previous enmity between the parties, due to which the petitioner along with other accused persons assaulted the defacto complainant and abused him in filthy language. Hence, the complaint.

3. It is not in dispute that the petitioner along with other accused persons moved an anticipatory bail petition in Crl.M.P.No.2219 of 2025 before the Principle Sessions Court, Sivagangai and they were granted anticipatory bail with conditions and that since the petitioner has not complied with the conditions imposed, at the instance of the respondent, anticipatory bail came to be cancelled in Crl.M.P.No. 620 of 2025 vide order dated 06.10.2025.

4. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready to comply with the conditions to be imposed by this Court without fail.

5. The learned Counsel for State of Tamil Nadu appearing for the respondent police would submit that the petitioner is having two previous cases.

6. Considering the facts and circumstances of the case and also taking note of the facts that except the offence under section 118(1) BNS, all other offences are bailable in nature and that the petitioner has already been granted anticipatory bail by the Sessions Court, however, cancelled for non-compliance, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.

7. Accordingly, the petitioner is ordered to be

released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruppuvanam on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned 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 on every Wednesday at 10.30 a.m., until further orders;

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

[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 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, Thiruppuvanam.

2. The Inspector of Police, Thiruppuvanam 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.9861 of 2026 Date : 27.05.2026