Muthupandiyarajan v. State Of Tamilnadu Rep By Inspector Of Police, Somanathapuram
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL 1.Muthupandiyarajan 2.Simon ... petitioners/A1 & A2 Vs The State of Tamilnadu Rep BY, The Inspector of Police, Somanathapuram Police Station, Sivagangai District.
(Crime No.39 of 2026).
... Respondent/Complainant For petitioners : Mr.G.Hariharan For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.392 of BNSS PRAYER :- C-33AB. For Anticipatory Bail in Crime No.
39 of 2026 on the file of the respondent Police. 1/8
ORDER : The Court made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023, in Crime No.39 of 2026 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to previous enmity, on 09.06.2026, the petitioners and other accused persons abused the defacto complainant in filthy language and also assaulted him. Hence, the case.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they were falsely implicated in this case and they are no way connected in the above said incident. Hence, he prays to grant anticipatory bail to the petitioners.
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4. The learned Counsel for State of TN (Crl.
Side) appearing for the respondent Police would submit that the investigation is pending and the offences are grave in nature and the injured person has been discharged from the hospital and the second petitioner has no previous cases and the first petitioner has four previous cases and he is a history sheeter. Hence, he opposes to grant anticipatory bail to the petitioners.
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 petitioners and no previous case is pending against the second petitioner and though the first petitioner has four previous cases, in all cases, he was released on bail and also 3/8
considering the fact that the injured person has been discharged from the hospital and most of the investigation might have been completed and hence, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:
[a] Accordingly, the petitioners 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 Court, Karaikudi, Sivagangai District, on condition that the petitioners 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 Magistrate concerned and on further conditions that:
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[b] the second 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 and the first petitioner shall report before the jurisdictional Magistrate Court on all working days at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation before the respondent Police.
[c] the petitioners shall not commit any offences of similar nature.
[d] the petitioners shall not abscond either during investigation or trial.
[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.
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[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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) 16.06.2026 vsg 6/8
TO 1.The learned Judicial Magistrate Court, Karaikudi, Sivagangai District.
2.The Inspector of Police, Somanathapuram Police Station, Sivagangai 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.11214 of 2026 Date : 16/06/2026 8/8