M.Rajesh v. State of Tamilnadu Rep by Inspector of Police, Kenikkarai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL M.Rajesh ...Petitioner/A1 Vs State of Tamil Nadu rep. by The Inspector of Police, Kenikkarai Police Station Ramanathapuram District. (Crime No. 172 of 2026)

...Respondent/Complainant

For Petitioner :Mr.R.Sangeetha

Advocate. For Respondent :Mr.M.Karunanithi Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 172 of 2026 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioner/A1, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 115(2), 308(4) and 351(3) of BNS, 2023, in Crime No.172 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the defacto complainant is working in a bar. On

02.04.2026 at about 04.00 p.m., the petitioner and other accused came to the bar, and the petitioner asked for an omelet without paying cash to the defacto complainant. Due to which, a wordy quarrel arose between them and the petitioner and the other accused persons attacked the defacto complainant with hands and threatened him with dire consequences. 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. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) fairly submits that the petitioner has 12 previous cases and the injured person sustained simple injury and he has been discharged from the hospital. He would further submit that the investigation is pending and the offence are grave in nature. Hence, 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 though the petitioner has twelve previous cases, the same are not similar kind of offences and in all cases, he was released on bail and the material part of the investigation might have been completed and also considering the fact that the injured person sustained simple injury and he 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.II, Ramanathapuram District, and on further conditions that: [b] the petitioner shall appear 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)

22.04.2026 vsg

To

1.The learned Judicial Magistrate No.II, Ramanathapuram District.

2.The Inspector of Police, Kenikkarai Police Station Ramanathapuram District.

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

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