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Madras High CourtCRL OP(MD)/23929/2025granted

Jayakumar v. State Of Tamilnadu Rep By Inspector Of Police, Mamsapuram

2026-01-02Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/01/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Jayakumar,

2. Alex @ Alex Pandian,

3. Mathiyalagan,

4. Selvaraj, ... Petitioners Vs.

State of Tamilnadu Rep by Inspector of Police, Mamsapuram Police Station, Virudhunagar, Virudhunagar District.

Crime No.216 of 2025.

... Respondent Petition filed under Section 482 BNSS.

PRAYER :- For Anticipatory Bail in Crime no.216 of 2025 on the file of the Respondent Police.

For Petitioners : Mr.K Vignesh, Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) 1/6

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 329(4), 296(b), 115(2), 118(1) and 351 (3) BNS, in Crime No.216 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel arose between the parties, the petitioners have trespassed into the house of the defacto complainant and abused him and also assaulted him with Aruval and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the injured person was admitted in hospital and thereafter, he absconded from the hospital. He further submitted that the the first 2/6

petitioner is having four previous cases and the third petitioner is having one previous case and the petitioners 2 and 4 are not having any previous case. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6.Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, 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 Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that: [a]the petitioners 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 3/6

card or bank pass book to ensure their identity; [b] the petitioners 1 & 3 shall report before the respondent police daily at 10.30 a.m., until further orders; the petitioners 2 & 4 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; [c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

02.01.2026 LS TO 1.The Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District 2.The Inspector of Police, Mamsapuram Police Station, Virudhunagar, Virudhunagar District.

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

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S.SRIMATHY,J LS

ORDER

IN CRL OP(MD) No.23929 of 2025 Date : 02/01/2026 6/6