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Madras High CourtCRL OP(MD)/11479/2026granted

Somasundaram v. State Of Tamilnadu Rep By Inspector Of Police, Nerkuppai

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.Somasundaram 2.Guna 3.Yuvaraj 4.Vadivel 5.Radhakrishnan 6.Senthil Vel 7.Mahesh Boopathi ... Petitioners/A 48 to 54 Vs.

The State of Tamil Nadu Rep.By, the Inspector of Police, Nerukuppai Police Station, Sivagangai District.

(Crime No.50 of 2026) ... Respondent/Complainant For Petitioners : Mr.S.Balajinivas Advocate For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/7

PRAYER :- For Anticipatory Bail in Crime No.50 of 2026 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A 48 to 54, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 131, 132, 125, 118(1), 351(3), 3(1) of BNS and 3(1) of TNPPDL Act, 1992 in Crime No.50 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there is a dispute between two groups in respect of conducting temple festival, due to which the mob engaged in stone pelting and attacking each other with sticks. They further caused damage to two vehicles belonging to the de-facto complainant. Hence, the present case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and have not committed any offences as alleged by the prosecution. He would further submit that the petitioners are unnamed accused in this case and co-accused were granted bail. He 2/7

further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that it is a case and case in counter. He further submitted that due to a temple dispute, the accused persons assaulted the de-facto complainant and others, threatened them, and caused damage to the vehicles parked there. As a result, 21 persons were injured, including one police officer. He also submitted that the injured persons have been discharged from the hospital and the petitioners have no previous cases. However, he opposed the grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the issue pertains to a temple dispute, and that it is a case, case in counter, and there is a group clash while conducting temple festival and the petitioners' name is not mentioned in the FIR and co-accused were granted bail and that the injured persons have already been 3/7

discharged from the hospital and also and the petitioners have no previous cases, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions:

[a] Accordingly, the petitioners 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 District Munsif cum Judicial Magistrate Court, Singampunari, Sivagangai District, 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 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.

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

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[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. [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) 18.06.2026 apd 5/7

To 1.The District Munsif cum Judicial Magistrate Court, Singampunari, Sivagangai District.

2.The Inspector of Police, Nerukuppai Police Station, Sivagangai District.

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

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P. DHANABAL , J.

apd

ORDER

IN 18.06.2026 7/7