Kaviyarasan v. State Of Tamilnadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 9930 of 2026 M.Kaviyarasan ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Perunali Police Station, Ramanathapuram District.

(Crime No.34 of 2026)

...Respondents/Complainant

For Petitioner : Mr.T.Gopala Krishnan Advocate.

For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl. side) For Intervenor : Mr.M.Karthikeyan Venkitachalapathy PETITION FOR ANTICIPATORY BAIL Under Sec.483 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 34 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 109 and 351(3) of BNS, in Crime No.34 of 2026, on the file of the respondent police, seeks anticipatory 1/6

bail.

2. The case of the prosecution is that due to previous dispute arising out of the workplace issues, the petitioner attacked the defacto complainant. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner is innocent 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. The defacto complainant with the help of some North Indian persons, threatened the petitioner. Hence, due to grave provocation as self defence the petitioner acted in this way. Hence, he prays to grant Anticipatory Bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. Due to previous dispute the petitioner attacked the defacto complainant in dire consequences. There is four previous cases against the petitioner. Injured has been discharged from the hospital. Investigation is still pending. He vehemently opposed the grant of anticipatory bail to the petitioner.

2/6

5.The learned counsel for the intervenor submitted that the offences are grave in nature. The petitioner assaulted the defacto complainant with sward, he narrowly escaped. However, he sustained injuries. Hence, he strongly opposed the grant of anticipatory bail to the petitioners.

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

7. Considering the rival submissions on either side and the nature of offences charged against the petitioner, the injured was discharged from the hospital, though the petitioner has some previous cases, he was already granted bail in that case also and considering all other facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] 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 on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Kamuthi, Ramanathapuram District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 3/6

with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [b] the petitioner shall report before the respondent police daily 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 03.06.2026 TM 4/6

To 1.The District Munsif cum Judicial Magistrate, Kamuthi, Ramanathapuram District.

2.The Inspector of Police, Perunali Police Station, Ramanathapuram District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 9930 of 2026 Date : 03.06.2026 6/6