Mahesh v. State of Tamilnadu Rep by Inspector of Police, Nanguneri

ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 131 & 351(3) BNS and Section 3(1) TNPPDL Act in Crime No.236 of 2026 on the file of the respondent police, seeks anticipatory bail.

2.According to the prosecution, on 04.05.2026, the petitioner and another accused said to have made wordy quarrel with the defacto complainant, who is the owner of the Everest Hotel, and they have also assaulted him. The accused have also caused damage to the said hotel, to the tune of Rs.15,000/-. Thereby, the respondent police registered a case for the aforesaid offences.

3.The learned counsel for the petitioner submitted that the petitioner is are innocent person and he has not committed any offences as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent Police strongly opposed for grant of anticipatory bail to the petitioner on the ground that the petitioner is having two previous cases. However, he fairly conceded that no one is sustained injury in the alleged occurrence.

5.This Court considered the rival submissions and perused the materials available on record.

6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7.Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non refundable deposit to the credit of Cr.No.236 of 2026 before the concerned trial Court, without prejudice to his defence in the criminal case.

8.On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner 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

Judicial

Magistrate

Court,

Nanguneri, Tirunelveli 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 petitioner 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 petitioner shall report before the respondent police daily at

10.30 a.m., until further orders; [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d]the petitioner shall not abscond either during investigation or trial;

[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court shall be entitled to take appropriate action against the petitioner in accordance with law, as if the conditions had been imposed by the learned Magistrate/Trial Court itself at the time of releasing the petitioner on bail 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.

13.05.2026 gns TO

1.The Judicial Magistrate Court, Nanguneri, Tirunelveli District

2.The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.K.RAMAKRISHNAN,J gns

13.05.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.05.2026 CORAM THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN Mahesh ... Petitioner Vs The State of Tamil Nadu Rep.by The Inspector of Police, Nanguneri Police Station, Tirunelveli District. (Cr.No.236 of 2026) ... Respondent PRAYER :- For Anticipatory Bail in Crime No.236 of 2026 on the file of the respondent police. For Petitioner : Mr.R.Muthuram For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)