Mukeshsairam Alias Mukainathsairam v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 11976 of 2026 Mukeshsairam @ Mukainathsairam ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, AWPS Sattur Police Station, Virudhunagar District.

(Crime No.17 of 2026)

...Respondents/Complainant

For Petitioner : Mr.R.Shenbagaraj 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. 17 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 392(2), 75 of BNS @ into 392(2), 75 of BNS and 92(2) of the Rights of Persons with Disability Act, 2016, in Crime No. 1/6

17 of 2026, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 30.04.2026 at 01.00 p.m., when the defacto complainant was asleep at her home, this petitioner said to have entered into the house and woke the defacto complainant and hugged her and kissed her and when she made ruckus this petitioner said to have ran away from the place. 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. There is previous land dispute between the parties. 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. There is land dispute between the parties. The defacto complainant is disabled person. The petitioner has two previous cases. Investigation is still pending. He vehemently opposed the grant of anticipatory bail to the petitioner.

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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, the alleged occurrence took place on 30.04.2026, for which the complaint has been lodged on 05.05.2026 belatedly, though the petitioner has two previous cases, one case was ended in acquittal and in remaining case, already he was granted anticipatory 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.I, Sattur, 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 Inspector of Police, Mattuthavani Police Station, daily at 10.30 a.m., until further orders:

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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) 23.06.2026 TM To 1.The Judicial Magistrate No.I, Sattur.

2.The Inspector of Police, AWPS Sattur Police Station, Virudhunagar District.

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3.The Inspector of Police, Mattuthavani Police Station, Madurai District.

4.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. 11976 of 2026 Date : 23.06.2026 6/6