T.Guna Sekaran v. State of Tamilnadu Rep by Inspector of Police, Sivakasi East

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.05.2026 PRESENT THE HONOURABLE JUSTICE MR. K.K.RAMAKRISHNAN CRL OP(MD).No.9439 of 2026

1.T.Guna Sekaran

2.T.Kannan

3.T.Sangarvel

... Petitioners / Accused No.1 to 3

Vs. The State represented by The Inspector of Police, Sivakasi East Police Station, Virudhunagar District. (Crime No.249 of 2026) ... Respondent / Complainant For Petitioners : Mr.B.Dharmadurai

For Respondent : Mr.M.Sakthi Kumar

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Crime No.249 of 2026 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 under Sections 296(b), 118(1) and and 351(2) of BNS, 2023 in Crime No.249 of 2026 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that, due to election motive, on

05.05.2026, the petitioners are said to have assaulted the defacto complainant and caused injuries to the defacto complainant. Therefore, the respondent police upon obtaining the statement from the victim registered a case in Crime No. 249 of 2026 for the aforesaid offences. Hence, the petition.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that a false case has been registered against them. Hence, he seeks anticipatory bail for the petitioners.

¶4The learned Government Advocate (Criminal Side), on instructions, submitted that there is no previous case against the petitioners and that the injured has already been discharged from the hospital and however, he opposed to grant anticipatory bail to the petitioners.

¶5Considering the facts and circumstances of the case and also the submissions made by the learned counsel for the petitioners and the injured has already 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 anticipatory bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.2, Sivakasi, within a period of fifteen days from the date of receipt of a copy of this order, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.2, Sivakasi, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioners and the sureties shall affix their photographs and left thumb impressions in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall report before the respondent Police daily at

10.30 a.m., until further orders;

(c) the petitioners shall not tamper with 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 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] and;

(f) if the accused / petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

13.05.2026 MGA To

1.The Judicial Magistrate No.2, Sivakasi

2.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.K.RAMAKRISHNAN,J., MGA ORDER IN CRL OP(MD) No.9439 of 2026 Date : 13.05.2026