Esakkidurai v. State Of Tamilnadu Rep By Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Esakkidurai, S/o. Ramachandran, No.2/69 A, Therkur, Amuthunnakudi, Sattankulam Taluk, Thoothukudi District..

... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Sathankulam Police Station, Sathankulam, Thoothukudi District.

(Crime No. 316 of 2026).

... Respondent/Complainant For Petitioner : Mr.K . Anandraj, Advocate.

For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-38AB. For Anticipatory Bail in Crime No. 316 of 2026 on the file of the Respondent Police.

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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 191(2), 296(b), 115(2), 118(1) and 351(3) of BNS, 2023, in Crime No.316 of 2026 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused assembled in a common place and quarreled with the defacto complainant, abused him in filthy language, assaulted him and also threatened him with dire consequences. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he was falsely implicated in this case. He would further 2/7

submit that it is a case in counter case and a counter case in Crime No.317 of 2026 has already been registered. Hence, he prayed to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that a counter complaint came to be registered in Crime No.317 of 2026 and the petitioner has no previous cases and the investigation is still pending. He would further submit that no one sustained injury in this case. However, he opposed to grant anticipatory bail to the petitioner.

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

6. Considering the rival submissions on either side and the nature of offences charged 3/7

against the petitioner and also considering the fact that there was a wordy quarrel between the parties and no one sustained any injury and the petitioner has no previous cases and a counter complaint came to be registered in Crime No.317 of 2026 and most of the investigation might have been completed and hence, 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 Judicial Magistrate, Sattankulam, 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 learned Judicial 4/7

Magistrate concerned and on further conditions that:

[b] the petitioner shall report before the respondent police once in a week ie., on Every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation.

[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 5/7

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 vsg TO 1.The learned Judicial Magistrate, Sattankulam. 2.The Inspector of Police, Sathankulam Police Station, Sathankulam, Thoothukudi District.

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

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P. DHANABAL,J., vsg

ORDER

IN CRL OP(MD) No.10027 of 2026 Date : 03/06/2026 7/7