Durai @ Duraipandian v. The State Of Tamilnadu, Rep. By The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Durai @ S.Duraipandian
...Petitioner/Accused
Vs State of Tamil Nadu rep. by The Inspector of Police, Karuppayoorani Police Station, Madurai.
(Crime No. 39 of 2025 )
...Respondent
For Petitioner : Mr.K.Manavalan Advocate.
For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. Side) For Intervenor : Mr.R.Shankar Ganesh PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 39 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 for the offences punishable under Sections 194 of BNS, 2023 @ Section 108 of BNS, 2023 in Crime No. 39 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the deceased was running a fruit commission shop and he borrowed money from the petitioner and other accused. In order to get back the money, they harrased the defacto complainant, due to which the deceased consumed poison and died. Hence, the case.
3. The learned counsel for the petitioner would submit 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. He would further submit that already interim anticipatory bail was granted to the petitioner and he is also complying with the conditions imposed and also co-accused was granted bail. Hence, he prays to grant Anticipatory Bail to the petitioner. 2/6
4. The learned counsel for the intervenor would submit that the offences are grave in nature and due to harrassment of the petitioner, the deceased committed suicide. Hence, he opposed to grant anticipatory bail to the petitioner.
5. The learned Government Advocate (Crl. Side) would submit that based on the complaint given by the wife of the decasesed, a case has been registered for the offences punishable under Sections 194 of BNS, 2023 @ Section 108 of BNS, 2023 in Crime No. 39 of 2025. He would further submit that there is a money dispute between the parties and the petitioner has no previous case. He would further submit that the investigation is pending and the offences are grave in nature. Hence, he opposes to grant anticipatory bail to the petitioner.
6. Heard both sides and perused the materials available on record.
7. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and considering the facts that there is a dispute between the partes in respect of money transaction and 3/6
co-accused also released on bail and this petitioner is also granted interim anticipatory bail and the petitioner is complying with the conditions imposed while granting interim anticipatory bail and also no previous case is pending against the petitioner, 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 anticipatory bail on condition to 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 Judicial Magistrate-II, Madurai, and on further conditions that: [b] the petitioner shall report before the respondent police, on alternative Saturday at 10.30 a.m. for a period of two months, and thereafter as and when required for the interrogation.
[c] the petitioner shall not commit any offences of similar nature.
[d] the petitioner shall not abscond either during investigation or trial.
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[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) 09.04.2026 apd (2/2) To 1.The Judicial Magistrate-II, Madurai.
2.The Inspector of Police, Karuppayoorani Police Station, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL, J apd
ORDER
IN CRL OP(MD) No. 20125 of 2025 Date : 09.04.2026 (2/2) 6/6