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Madras High CourtCRL OP(MD)/11942/2026granted

Gnanasekar @ Gnanasekaran v. The State Of Tamilnadu Rep. By

2026-06-23Honourable Mr. Justice P.Dhanabal6 pages

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. 11942 of 2026 1.Gnanasekar @ Gnanasekaran 2.Sivaprakash ... Petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, Periyakulam All Women Police Station, Theni District.

(Crime No.27 of 2026)

...Respondents/Complainant

For Petitioners : Mr.R.Venkatesan Advocate for Mr.R.Rajaselvan 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. 27 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 75(2), 85, 296(b), 115(2) and 351(2) of 1/6

BNS, in Crime No.27 of 2026, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the brother of the first accused attempted suicide and admitted in the hospital. The defacto complainant went to the hospital to see him. At that time, the accused persons abused him and attacked him and also called emergency help line 100. Hence, the case was registered before the respondent police. Thereafter it was transferred to Sannarpatti Police Station, Dindigul.

3. The learned counsel for the petitioners submits that the petitioners are innocent and they were falsely implicated in this case and they have no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. Hence, he prays to grant Anticipatory Bail to the petitioners.

4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. There is matrimonial dispute between the family members. The petitioners have no previous case. The injured was discharged from the hospital. Investigation is still pending. He vehemently opposed the 2/6

grant of anticipatory bail to the petitioner.

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 dispute between the family members, the injured was discharged from the hospital, there is no previous case against the petitioners 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 petitioners are 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, Periyakulam, Theni 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 Magistrate concerned and on further condition that:

[b] the petitioners shall report before the Inspector of Police, Thadicombu Police Station, at 10.30 a.m., on every 3/6

Saturday for a period of four weeks, thereafter, as and when required for interrogation:

[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.

[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) 23.06.2026 TM To 1.The Judicial Magistrate, Periyakulam, Theni District. 4/6

2.The Inspector of Police, Periyakulam All Women Police Station, Theni District.

3.The Inspector of Police, Thadicombu Police Station, Dindigul District.

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

5/6

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 11942 of 2026 Date : 23.06.2026 6/6