Nainar v. State Of Tamilnadu Rep By Inspector Of Police, Panagudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.12.2025 PRESENT THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN CRL OP(MD). No.23950 of 2025 Nainar ... Petitioner / Sole Accused Vs The State of Tamil Nadu, The Inspector of Police Panagudi Police Station, Tirunelveli District.

Crime No.1320 of 2025) ... Respondent For Petitioner : Mr.S.Subash Chandar For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory bail in Cr.No.1320 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 296(b), 118(1), 351(3) BNS in Crime No.1320 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant and the petitioner are residing in the same locality. Both of them are engaged in agricultural activities in the nearby lands and have been allotted a common well for the said purpose. On the date of occurrence, i.e., 21.12.2025, when the petitioner attempted to draw water from the common well for his land, the same was allegedly obstructed by the defacto complainant without any valid reason. This led to a wordy quarrel between the petitioner and the defacto complainant, during the course of which they allegedly attacked each other. Hence, the present case.

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3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He, however, submits that the petitioner is ready to abide by any conditions to be imposed by this Court.

4. The learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the injured has been discharged from the hospital. He would further submit that there is no previous case pending against the petitioner. He would further submit that this is a case in counter case. Accordingly, he prays to dismiss this Criminal Original Petition.

5. Considering the fact that the injured has been discharged from the hospital and also considering the fact that there is no previous 3/7

case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Valliyor, 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 Magistrate concerned, 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.

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[b] the petitioner shall report before the respondent Police every Monday and Friday at 10.30 a.m. until further orders.

[c] the petitioner shall not tamper with 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 petitioner in accordance with law as if the conditions have been imposed and the petitioners 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 2023.

(M J R J) 26.12.2025 TSG 5/7

TO 1.The Judicial Magistrate Court, Valliyor.

2.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

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

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M.JOTHIRAMAN,J TSG CRL.OP(MD)No.23950 of 2025 26.12.2025 7/7