- Court
- High Court of Madras
- Decided
- 29 January 2026
- Bench
- S Justice S.Srimathy
- Case no.
- CRL OP(MD) 205/2026
Judgment
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY
¶1Rithik @ Rithin, S/o.Kasimayan, Door No.5/111, South Street, Melakkal, Vadipatti Taluk, Madurai District..
¶2Rajesh, S/o.Ilangovan, Door No.5/170a, Melakkal, Vadipatti Taluk, Madurai District.. ... Petitioners/A2 & A3 Vs The State of Tamil Nadu,Rep By, The Inspector of Police, Kadupatty Police Station, Madurai District. Cr.No.128 of 2025.. ... Respondent/Complainant For Petitioner : Mr.K.Kevinkaran, Advocate. For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-38AB. For Anticipatory Bail in Cr.No.128 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 303(2) and 351(3) of BNS, 2023, in Crime No.128 of 2025 on the file of the respondent police, seek anticipatory bail.
¶2The case of the prosecution is that during the funeral function, due to over crowd, the first accused fell down on the defacto complainant. Thereafter, a wordy quarrel arose between the petitioners, other accused and the defacto complainant and the petitioners attacked the defacto complainant with wooden log and caused injuries to him. Hence, the complaint.
¶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 the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. He further submitted that co-accused was already granted bail by the lower Court. Hence, he seeks anticipatory bail to the petitioners.
¶4The learned Government Advocate (Criminal Side) submitted that the injured person has been discharged from the hospital and there is one previous case against the first petitioner and there is no previous case pending against the second petitioner and the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioners.
¶5Considering the facts and circumstances of the case and inspite of the first petitioner has one previous case and also considering 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, 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 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, Vadipatti, 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 two weeks 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. (S S Y J)
29.01.2026 vsg TO
1.The Judicial Magistrate, Vadipatti, Madurai District.
2.The Inspector of Police, Kadupatty Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J., vsg
ORDER IN CRL OP(MD) No.205 of 2026 Date : 29/01/2026
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.