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Madras High CourtCRL OP(MD)/9976/2026granted

Selvaganapathy v. State Of Tamilnadu Rep By

2026-06-04Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL

1. Selvaganapathy

2. Syed @ Syed Ibrahim

3. Ashif @ Asikraja

4. Santhosh ... Petitioners/Accused No.1,2,4&5 Vs State of Tamilnadu Rep By, The Inspector of Police, Silaiman Police Station, Madurai District.

Crime No.182 of 2026. ... Respondent/Complainant (amended vide order dated 04.06.2026 in Crl.MP(MD)No. 10224 of 2026 in Crl.OP(MD)No.9976 of 2026 by PDBJ) PRAYER :- For Anticipatory Bail in Crime No.182 of 2026 on the file of the respondent Police.

For Petitioners : S.Arunkumar, Advocate.

For Respondent : Mr.N.Balasubramanian, 1/6

Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 189(2), 296(b), 118(1)m and 351(3) of BNS, 2023, in Crime No.182 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to the land dispute, the petitioners are said to have abused the defacto complainant in filthy language and attacked him and threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. He would further submit that the injured was discharged from the hospital and no previous cases is pending against the petitioners. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) would submit that due to the land dispute, the petitioners are said to have abused the 2/6

defacto complainant in filthy language and attacked him and threatened him with dire consequences and the investigation is still pending. Hence, he opposes to grant anticipatory bail to the petitioners. He would further submit that the first petitioner/A1 was arrested and is in custody and the injured was discharged from the hospital and the petitioners have no previous case.

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

6. Since the first petitioner/A1 was arrested and he is in custody, this petition is dismissed as against the first petitioner/A1.

7. Insofar as the petitioners 2 to 4 are concerned, considering the rival submissions on either side and the injured was discharged from the hospital and the petitioners 2 to 4 have no previous case, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

[a] Accordingly, the petitioners 2 to 4 are ordered to be released on bail in the event of arrest or on their appearance, 3/6

within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court No.II, Madurai, on condition that the petitioners 2 to 4 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that:

[b] the petitioners 2 to 4 shall report before the respondent police, every Saturday at 10.30 a.m. for a period of 4 weeks, and thereafter as and when required for the interrogation.

[c] the petitioners 2 to 4 shall not commit any offences of similar nature.

[d] the petitioners 2 to 4 shall not abscond either during investigation or trial.

[e] the petitioners 2 to 4 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 4/6

appropriate action against the petitioners 2 to 4 in accordance with law as if the conditions have been imposed and the petitioners 2 to 4 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) 04.06.2026 2/2 dss To 1.The Judicial Magistrate Court No.II, Madurai. 2.The Inspector of Police, Silaiman Police Station, Madurai District.

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

P. DHANABAL,J dss 5/6

ORDER

IN CRL OP(MD) No.9976 of 2026 Date : 04/06/2026 2/2 6/6