Prabhakaran v. State Of Tamilnadu Rep By Inspector Of Police, Othakadai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29/06/2026

CORAM

THE HONOURABLE MR. JUSTICE K. RAJASEKAR Prabhakaran ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Othakadai Police Station, Madurai District.

Crime No.226/2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.226/2026 on the file of the Respondent Police.

For Petitioner : R. Manoharan, Advocate.

For Respondent : Mr.I.Murugesan, Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under 1/6

Sections 296(b), 115(2), 118(1), 351(3) of BNS @ 108 of BNS, 2023, in Crime No.226 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that on 10.06.2006 at about 07.00 p.m, the petitioner along with another accused, abused the defacto complainant in filthy language and assaulted him with a stick and threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that A1 was already arrested and released on bail and the injured was discharged from the hospital and no previous case is pending against the petitioner. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, submitted that the petitioner joining hands with the 2/6

another accused, attacked the defacto complainant with a stick and A1 was already arrested and released on bail and the injured was discharged from the hospital and no previous case is pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and I have gone through the materials available on records.

6.Considering the nature of allegations against the petitioner, and also considering the facts that A1 was already arrested and released on bail and the injured was discharged from the hospital and no previous case is pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Melur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees 3/6

Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

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(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 29.06.2026 dss To 1.The Judicial Magistrate Court, Melur.

2.The Inspector of Police, Othakadai Police Station, Madurai District.

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

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K. RAJASEKAR,J dss

ORDER

IN CRL OP(MD) No.12584 of 2026 Date : 29/06/2026 6/6