Surya @ Malaiyarasan v. State of Tamilnadu Rep by Inspector of Police, Keelasevalpatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Surya @ Malaiyarasan ...Petitioner/Accused No.3 Vs State of Tamil Nadu rep. by The Inspector of Police, Keelasevalpatti Police Station Sivagangai District. (Crime No.23 of 2026) ...Respondent/Complainant

For Petitioner :Mr.K.Dinesh Advocate. For Respondent :Mr.P.Kottai Chamy Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.23 of 2026 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioner/accused No.3, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, Act, 2023, in Crime No.23 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on

19.02.2026, at about 05.00 p.m., he went to Tasmac shop to purchase liquor bottle, at that time, the accused person has sat his two wheeler vehicle, wherein there was a wordy quarrel between them and the petitioner and other accused persons attacked him and stabbed him with beer bottles and thereafter, he was taken to the hospital. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case and he is no way connected in the above said incident. He would further submit that the co-accused was released on bail. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) fairly submits that investigation is pending and the petitioner has four previous cases and the injured person has been treated as out patient. However, he opposes to grant anticipatory bail to the petitioner.

¶5Heard both sides and perused the materials available on record.

¶6Considering the rival submissions on either side and the nature of offences charged against the petitioner and also considering the fact that though the petitioner has four previous cases, the same are not similar kind of offence and in all cases, the petitioner was granted bail, and the injured person has been treated as out patient, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 Court, Thirupattur, Sivagangai District, and on further conditions that: [b] the petitioner shall report before the respondent police daily at

10.30 a.m., until further orders. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions,

the

learned

Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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 vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J)

26.03.2026 vsg

To

1.The Judicial Magistrate Court, Thirupattur, Sivagangai District.

2.The Inspector of Police, Keelasevalpatti Police Station Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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