Sudalakkan v. State Of Tamilnadu Rep By Inspector Of Police, Sathankulam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.02.2026 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD). No.20183 of 2025 Sudalakkan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By The Inspector of police, Satthankulam Police Station, Thoothukudi District.

(Crime No.318 of 2025) ... Respondent/Complainant For Petitioner : Mr.J.Jeyakumaran For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) For Intervenor : Mr.R.Anand PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.318 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 191(2), 191(3), 296(b), 115(5), 118(1), 109 and 351(3) of BNS in Crime No.318 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the due to previous enmity between the petitioner and the defacto complainant, the petitioner attacked the defacto complainant with wooden log and caused severe injuries to him.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Crl. side) submitted that on the date of occurrence, a dispute arose between the petitioner and the defacto complainant regarding the bursting of crackers. During the altercation, the petitioner attacked the defacto complainant with a wooden log and caused severe injuries to him. It is further submitted that no previous case is pending against the petitioner.

5. The learned counsel for the intervenor submitted that the defacto complainant is taking treatment several months, since the petitioner attacked the defato complainant with deadly weapon and caused severe injuries to him.

6. Taking into consideration of the facts and circumstances of the case and also the fact that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, with 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 days 3/6

from the date on which the order copy made ready, before the learned Judicial Magistrate, Sathankulam, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Sathankulam, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c) the petitioner is directed to stay in Chennai and report before the Inspector of Police, Nungampakkam Police Station daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 4/6

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] and;

(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 02.02.2026 tta To

1. The Judicial Magistrate, Sathankulam.

2.The Inspector of police, Satthankulam Police Station, Thoothukudi District.

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

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S.SRIMATHY, J.

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ORDER

IN CRL OP(MD) No.20183 of 2025 02.02.2026 6/6