Sakthivel v. State of Tamilnadu Rep by Inspector of Police, Austinpatti

ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 115(2), 118(1) & 351(3) of BNS, (correspond Sections 147, 296(b), 323, 324 & 506(ii) of IPC), in Crime No.33 of 2026 on the file of the respondent police, seek anticipatory bail.

¶2According to the prosecution, on 12.12.2006 the accused, who are close relatives of the defacto complainant, came to attend the function arranged by the complainant in his locality. After the function, the accused are said to have abused the defacto complainant's wife in filthy language. When the same was questioned by the complainant, one of the accused attacked the complainant with an iron rod and caused blood injury. When the same was prevented by the mother of the complainant, they also attacked her and caused blood injury and threatened them with dire consequences. Thereby, the respondent police registered a case for the aforesaid offences. Hence, this petition.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that no previous case is pending against the petitioners and the co-accused were already released on anticipatory bail. Hence, he seeks anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that totally 6 accused are involved in this case and the petitioners herein are arrayed as A1 and A3. He further submitted that the accused are said to have attacked the complainant and his mother with iron rod and caused blood injuries. Hence, he strongly opposed to grant anticipatory bail to the petitioners. However, he fairly conceded that no previous case is pending against the petitioners and the remaining accused have already been released on anticipatory bail by the learned Sessions Judge, Madurai.

¶5This Court considered the rival submissions and perused the materials available on record.

¶6Considering the facts and circumstances of the case and also considering the fact that there is a dispute between the close relatives and the co-accused have already been released on bail and no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of 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 Judicial Magistrate, Thirumangalam, Madurai District, within a period of fifteen days from the date on which the order copy is made ready 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 card or bank pass book to ensure their identity; [b] the petitioners shall report before the respondent police daily at

10.30 a.m., for a period of 15 days 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]; [f]If

the

accused

thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

04.03.2026 DSS TO

1.The Judicial Magistrate, Thirumangalam, Madurai District.

2.The Inspector of Police, Austinpatti Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.K. RAMAKRISHNAN,J DSS ORDER IN CRL OP(MD) No.4522 of 2026 Date : 04/03/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/03/2026 CORAM THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN 1. Sakthivel 2. Ponnusamy ... Petitioner/Accused No.1 & 3 Vs State of Tamilnadu Rep by, The Inspector of Police, Austinpatti Police Station, Madurai District. Crime No.33 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime no.33 of 2026 on the file of the Respondent Police. For Petitioners: Mr.S.Muniyandi, Advocate. For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side)