Mukesh v. State of Tamilnadu Rep by Inspector of Police, Eraniel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.03.2026 PRESENT The HONOURABLE JUSTICE MR. K.K.RAMAKRISHNAN CRL OP(MD). No.4007 of 2026 Mukesh ... Petitioner/Accused No.1

Vs The State of Tamilnadu Rep.,By, The Inspector of Police, Eraniel Police Station, Kanyakumari District. Crime No.84 of 2026. ... Respondent/Complainant For Petitioner : Mr.J.Jeevin

For Respondent : Mr.S.Ravi

Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.84 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 08.02.2026 for the offences punishable under Sections 296(b), 118(1), 311 & 351(3) of BNS, 2023. in Crime No.84 of 2026, on the file of the respondent police, seeks bail.

¶2According to the prosecution, due to previous enmity, on

07.02.2026, at about 04.00 p.m, the petitioner is said to have abused the complainant in filthy language and assaulted him with an aruval and stolen a sum of Rs.1000/- from his pocket and criminally intimidated him. Hence, the respondent police registered a case against the accused in Crime No.84 of 2026 for the aforesaid offences and arrested him on

08.02.2026. Hence, this petition.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that earlier a case has been registered against the petitioner in Crime No.652 of 2025 upon receipt of the complaint from the complainant. In the said case, the learned Principal Sessions Judge, Kanyakumari District at Nagercoil, released him on bail in Crl.MP.No.237 of 2026 with a condition to deposit a sum of Rs.75,000/-. Hence, he filed a petition before this Court to set aside the said condition and the same is pending. Pending the same, present has been registered by illegally taking the petitioner from the Coimbatore and the petitioner is in custody from 08.02.2026. Hence, he seeks bail to the petitioner.

¶4The learned Additional Public Prosecutor appearing for the respondent on instructions, submitted that the petitioner has 6 previous cases. One case is ended in acquittal and the remaining cases are pending for trial. Apart from that, he is a History Sheeter in H.S.No.422 of 2022 and the same is still maintaining. Hence, he strongly opposed to grant bail to the petitioner.

¶5The learned counsel for the petitioner by way of reply submitted that there was no continuation of H.S.No.422 of 2022. The same was subsequently, revoked.

¶6This Court considered the rival submissions and perused the material available on record.

¶7Admittedly, earlier there was an allegation against the petitioner that he and other accused attacked the complainant with an aruval on

28.12.2025 and damaged his motorcycle. In the said case, the learned Principal Sessions Judge, Kanyakumari District at Nagercoil, imposed a condition to deposit a sum of Rs.75,000/- and the same has not been complied with by him. Subsequently, on 07.02.2026, he also involved in making criminal intimidation of the same defacto complainant. As on dated, he has 5 previous cases. Incarceration is not a ground to grant bail to the accused, who is also involved in the subsequent occurrence for the present. In the said circumstances, this Court is not inclined to grant bail to the petitioner.

¶8Accordingly, this Criminal Original Petition stands dismissed.

12.03.2026 dss To

1.The Judicial Magistrate, Eraniel, Kanyakumari Distric.

¶2The Inspector of Police, Eraniel Police Station, Kanyakumari District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.K.RAMAKRISHNAN,J., dss ORDER IN CRL OP(MD) No.4007 of 2026 Date : 12.03.2026