Mari Ganesh v. The State Of Tamilnadu Rep By The Inspector Of Police, Elumalai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 10094 of 2026 Mari Ganesh ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Elumalai Police Station, Madurai District.

(Crime No.143 of 2026)

...Respondents/Complainant

For Petitioner : Mr.V.Dinesh Kumar Advocate.

For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 143 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), 115(2) of BNS and Section 4 of TNPHW Act, in Crime No.143 of 2026, on the file of the respondent police, 1/6

seeks anticipatory bail.

2. The case of the prosecution is that the accused persons under the influence of alcohol entered into the hospital with an injury and bleeding. The hospital staff give necessary treatment to him. After the treatment when she asked for payment of money, they refused and abused them in filthy language and also grabbing her hand. Hence, caused fear, disruption of medical services, and humiliation of the staff. 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. 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. After taking treatment from the hospital, the accused persons refused to payment of money and also abused them in filthy languages and also misbehaved with the staff members of the hospital. The petitioner has four previous cases. Investigation is still pending. He vehemently opposed the grant of anticipatory bail to the petitioner. 2/6

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 against the petitioner, there is a dispute between the parties while giving treatment, though the petitioner has four previous cases, out of which two cases have been disposed of, in all other cases, he was granted bail, 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 Judicial Magistrate No.II, Usilampatti, 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 Magistrate concerned and on further condition that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty days, thereafter as and when required for interrogation;

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[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) 04.06.2026 TM To 1.The Judicial Magistrate No.II, Usilampatti. 2.The Inspector of Police, Elumalai Police Station, Madurai District.

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

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 10094 of 2026 Date : 04.06.2026 6/6