Mariyappan v. State Rep by Inspector of Police

ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3), 324(5) and 303(2) of BNS, 2023 in Crime No. 47 of 2026, seek anticipatory bail.

2.The allegation against the petitioner is that the petitioners along with other accused, attacked the complainant and due to previous enmity, dumped sand on his land. They also taken away gold jewels worth about Rs.2 lakhs. Hence, the case has been registered.

¶3The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that out of two sovereigns of gold jewels one and a half sovereigns have been recovered and the remaining yet to be recovered and the investigation in this case is pending. She further submitted that there is one previous case pending against the petitioners. Hence, opposed to grant anticipatory bail to the petitioners.

¶5Considering the above fact and circumstances of the case and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

¶6Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thirukoilur, on condition that the petitioner shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety slip (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 30-01-2026 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.Judicial Magistrate, Thirukoilur.

2.State Rep by Inspector of Police Thirukoilur Police Station, Kallakurichi District. Crime No. 47 of 2026.

3.The Public Prosecutor, High Court of Madras. K.RAJASEKAR J. mpa CRL OP No. 2151 of 2026

30-01-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-01-2026 CORAM THE HONOURABLE MR.JUSTICE K.RAJASEKAR 1. Mariyappan S/o. Manngatti, 1/41, Mariyamman Kovil Street, Aviyur, Tirukkoyilur, Viluppuram - 605 757. and 3 Others 2. Angammal 1/41, Mariyamman Kovil Street, Aviyur, Tirukkoyilur, Viluppuram 605 3. Vadamalai S/o. Kaliyaperumal, 1/41, Mariyamman Kovil Street, Aviyur, Tirukkoyilur, Viluppuram - 605 757. 4. Kala Devi G/o. Sakthivel, 108, PillaiyarKovil Street, Tirukkoyilur, Viluppuram - 605 757. Petitioner(s) Vs 1. State Rep by Inspector of Police Thirukoilur Police Station, Kallakurichi District. Crime No. 47 of 2026. Respondent(s) PRAYER To enlarge the petitioner on Anticipatory bail in the event of the arrest in connection with the Crime. 47 of 2026, on the file of Respondent Police and pass such other orders and thus render justice. For Petitioner(s): D Jeevitha For Respondent(s): M/S.J.R.Archana Government Advocate (Crl.Side)