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Madras High Court/10904/2026partly allowed

Sankareswaran v. State Of Tamilnadu Rep. By The Inspector Of Police

2026-06-18Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL 1.Sankareswaran 2.Saravanan 3.Sethuraman 4.Rajini @ Navamani 5.Ferosekhan

...Petitioners/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Kariyapatti Police Station, Virudhunagar.

(Crime No. 158 of 2026 )

...Respondent/Complainant

For Petitioners : Mr.M.Senthil Ayyanar Advocate.

For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- 1/7

For Anticipatory Bail in Cr.No. 158 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 191(2), 296(b), 115(2), 351(2) of Bharatiya Nyaya Sanhita, 2023, and Section 4 of TNPWH Act, and 249 of BNSS, 2023 in Crime No. 158 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioners abused the defacto complainant in filthy language, assaulted and threatened 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. They have not committed any offence as alleged by the prosecution. He would further submit that in the affidavit, the offence has been wrongly mentioned as 294(b) instead of 296(b) and hence, the same may be corrected and 2/7

further Section 249 of BNSS, 2023 has been wrongly omitted and the same may be included. He would further submit that he has not pressed this petition in respect of the petitioners 3 and 4 as they were arrested and released on bail during pendency of this petition. Hence, he prayed to grant anticipatory bail to the petitioners 1, 2 and 5.

4. The learned Counsel for State of TN (Crl.Side) would submit that based on the complaint given by the defacto complainant, a case has been registered for the offences punishable underSections 191(2), 296(b), 115(2), 351(2) of Bharatiya Nyaya Sanhita, 2023, and Section 4 of TNPWH Act, and 249 of BNSS, 2023 in Crime No. 158 of 2026. He would further submit that injured was discharged from the hospital and the petitioners have no previous case. He would further submit that the investigation is pending and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioners 1, 2 and 5.

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

6. Considering the rival submissions made on either side and the 3/7

nature of offences charged against the petitioners 1, 2 and 5, and considering the facts that injured was discharged from the hospital and the petitioners 1, 2 and 5 have no previous case, I am inclined to grant anticipatory bail to the petitioners 1, 2 and 5, subject to the following conditions:

[a] Accordingly, the petitioners 1, 2 and 5 are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Kariyapatti, Virudhunagar, on condition that the petitioners 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 1, 2 and 5 shall report before the respondent police, on every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation.

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[c] the petitioners 1, 2 and 5 shall not commit any offences of similar nature.

[d] the petitioners 1, 2 and 5 shall not abscond either during investigation or trial.

[e] the petitioners 1, 2 and 5 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 petitioners 1, 2 and 5 in accordance with law as if the conditions have been imposed and the petitioners 1, 2 and 5 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) 18.06.2026 apd 5/7

To 1.The Judicial Magistrate, Kariyapatti, Virudhunagar.

2.The Inspector of Police, Kariyapatti Police Station, Virudhunagar.

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

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P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 10904 of 2026 Date : 18.06.2026 7/7