Aayirathan v. State of Tamilnadu Rep by Inspector of Police, Palayamkottai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Aayirathan ...Petitioner/Sole Accused Vs State of Tamil Nadu rep. by The Inspector of Police, Palayamkottai Police Station, Tirunelveli. (Crime No.164 of 2026)

...Respondent/Complainant

For Petitioner :Mr.Lenin Kumar 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.164 of 2026 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioner/Sole accused, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, 2023, in Crime No.164 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on

28.02.2026, due to previous enmity, the petitioner abused the defacto complainant in filthy language and also assaulted him with a beer bottle and caused head injuries. Hence, this 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. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that due to previous enmity, the petitioner committed the aforesaid offences and caused injuries. He would further submit that the petitioner has no previous cases and the investigation is still pending and the offences are grave in nature. He would further submit that the injured person has been discharged from the hospital. 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 as the date of occurrence is

28.02.2026, by this time material part of the investigation might have been completed and the petitioner has no previous cases and the injured person has been discharged from the hospital, 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 No.I, Tirunelveli, and on further conditions that: [b] the petitioner shall report before the respondent police once in a week ie., on Every Saturday at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation. [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)

06.04.2026 vsg

To

1.The learned Judicial Magistrate No.I, Tirunelveli,.

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli.

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

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