Judgment · High Court

CRL OP(MD). No.441 of 2026BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/01/2026CORAMTHE HONOURABLE MRS. JUSTICE S.SRIMATHYCRL OP(MD). No.441 of 20261. K.Loganadhan,2. Boobathi, ... PetitionersVs.The State of Tamil Nadu, Rep By,The Inspector of Police, Vadipatti Police Station, Madurai District.Cr.No.331 of 2025. ... RespondentPRAYER :- For Anticipatory Bail in Cr.No.331 of 2025 on the file of the respondent police. For Petitioners : Mr.Muthukumaran R, Advocate. For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl. Side)ORDER The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 118(1), 351(3) BNS and Section 92(a) of the Rights of Persons 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.441 of 2026with Disabilities Act, 2016, in Crime No.331 of 2025 on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that due to previous enmity, the petitioners waylaid the defacto complainant and abused him and attacked him with wooden stick and Aruval, due to which, he sustained injuries. Hence, the complaint.3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.4. The learned Government Advocate (Crl. Side) submitted that the injured person has been discharged from the hospital. He further submitted that the petitioners are not having any previous case. However, he vehemently opposed to grant anticipatory bail to the petitioners.2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.441 of 20265. Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital, 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 each of the petitioners shall execute a separate 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 Judicial Magistrate, Vadipatti, 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 card or bank pass book to ensure their identity;[b] the petitioners shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required for interrogation. 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.441 of 2026[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. 09.01.2026LS 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.441 of 2026TO1.The Judicial Magistrate, Vadipatti,2. The Inspector of Police, Vadipatti Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.441 of 2026 S.SRIMATHY,J LS ORDER IN CRL OP(MD) No.441 of 2026 Date : 09/01/20266/6