K. Thangappan, v. State Of Tamilnadu, Rep. By The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.02.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.20872 of 2025 K.Thangappan ... Petitioner Vs.
The State of Tamil Nadu, Rep. by the Superintendent of Police, SPE CBI SCB Chennai Police Station, Chennai.
(Crime No.RC MA1 2016 S 0002) ... Respondent For Petitioner : Mr.M.Chandrasekaran For Respondent : Mr.N.Mohideen Basha PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.RC MA1 2016 S 0002 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 police for the offences punishable under Sections 147, 148, 149, 294(b), 302, 304(2), 1/7
307 & 323 of IPC, in Crime No.RC MA1 2016 S 0002, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is on 26.08.2012 some persons belonging to Christian community conducted a prayer meeting in the house of Gnanamuthan of Chathencode. About 50 persons let by Sri. Dharmaraj came there and prevented the prayer meeting. Later at about 08.00 pm Sri.Jeyarajan was in his tailoring shop and his elder son Edwinraj came to see him. Again Dharmaraj, Lazar, Karukuthuvilai Veedu, Sooriyacode, Murugan, Ajithkumar, Thangappan, Paraiyadi, Vigilraj, Satheesh and other identifiable persons who prevented the prayer earlier came to the shop armed with weapons including iron rod, wooden logs and of fought with his son Edvinraj, used vulgar words, before hitting his son on his nose with a iron rod. He incited other accused persons to murder his son. Accused Lazer hit his son on his forehead by using wooden log.
Edwinraj came running outside shouting Ayyo in pain. Accused Murugan hit his son on his left knee with iron rod. Accused Satheesh beat his son on his stomach with his leg. As his son fell down, all the accused persons started hitting his son with the wooden logs, simultaneously and caused injuries. When he went to prevent that he was hit by accused Thangappan with wooden log kept in his hand and it injured his left shoulder.
also attacked on his left hand by accused Lazer with wooden log. When some persons from their community such as Soni and Menon came running, the accused persons with their weapons escaped away in a white colour Bolero Jeep seen with BJP Flag. Some persons ran away after closing their shops. The situation became tense because of this incident. Immediately, the complainant with Xavier, John and Shaji Thomas took his son to Issac hospital, Marthandam in a car. They were referred to Trivandrum Medical College, but his son died enroute. The crime was registered in crime No.229/2012 dated 27.08.2012 by Nithiraivilai police station on the basis of written complainant given by Sri.Jeyarajan, father of the deceased Edwinraj.
After commencement of the investigation, the said case has been transferred to CBCID, Tirunelveli as per the proceedings of the DGP, Tamilnadu. Subsequently, the LW1 Jeyarajan made a writ petition before this court in W.P.(MD)No.6768/2013. This Court, vide order dated 12.01.2015 stated that the investigation of the CBCID has transferred to the above said respondent/complainant. The same has been taken on file in S.C.No.531/2019 by the learned V Additional District & Sessions Judge, Madurai.
3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not 3/7
committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature.
5.The petitioner was earlier arrested for murder charge as early as 2012 itself. The allegation against the petitioner is that he has jumped out of the bail. 6.But the contention of the petitioner is that he was regularly appearing for the trial except for one day, ie., on 14/08/2025. However, the petitioner has submitted the application. But the same was not considered by the concerned trial court and the same was dismissed. Except for one day, the petitioner has cooperated for the trial. The petitioner is 61 years old and on that day, he was absent for some medical issue. The same issue was also considered by another Learned Single Judge in CRL OP(MD)No.31382 of 2025, vide order, dated 04/12/2025, wherein the Court has granted bail. 7.Therefore, considering the same, this Court is inclined to grant 4/7
anticipatory bail to the petitioner with strict conditions. 8.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 V Additional District & Sessions Judge, Madurai, within a period of fifteen days from the date on which the order copy made ready and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall appear before the trial court for all hearings without absenting himself. The petitioner shall also submit an undertaking before the Court stating that he would appear before the Trial Court for all hearings without absenting himself.
[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[d]the petitioner shall not abscond either during investigation or trial. [e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the 5/7
petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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].
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
05.02.2026 TMG TO 1.V Additional District & Sessions Judge, Madurai.
2.The Superintendent of Police, SPE CBI SCB Chennai Police Station, Chennai.
3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.
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S.SRIMATHY,J TMG
ORDER
IN CRL OP(MD) No.20872 of 2025 Date : 05.02.2026 7/7