Dharmadurai v. State of Tamilnadu Rep by Inspector of Police, Mimisal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20/05/2026 CORAM THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR

¶1Dharmadurai S/o.Sathiah

¶2Dharmadurai S/o.Senthil

¶3Veeraragavan ... Petitioners/Accused No.1 to 3 Vs State of Tamilnadu Rep by, The Inspector of Police, Mimisal Police Station, Pudukkottai District. (In Cr.No. 53/2026) ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No. 53 of 2026 on the file of the Respondent Police. For Petitioners : M.Suresh,

Advocate. For Respondent : Mr.A.Albert James,

Government Advocate (Crl.Side) ORDER : The Court made the following order :-

The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023, in Crime No.53 of 2026 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that due to previous enmity, on

13.05.2026, the petitioners are said to have abused the defacto complainant in filthy language and assaulted him and caused injuries and threatened him with dire consequences. Hence, a case has been registered against the accused for the aforesaid offences. Hence, this petition.

¶3The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl. Side) fairly submits that due to previous enmity between the defacto complainant and the petitioners, the alleged occurrence was happened and the injured was discharged from the hospital and also the petitioners have no previous case. However, he opposes to grant anticipatory bail to the petitioners.

¶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 petitioners and considering the facts that the injured was discharged from the hospital and no previous case is pending against the petitioners, I am inclined to grant anticipatory bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the District Munsif cum Judicial Magistrate Court at Manamelgudi, Pudukottai 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 petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure heir identity; [b] the petitioners shall report before the respondent police once in a week i.e., on every Monday at

10.30 a.m for a period of two months; [c] the petitioners shall not commit any offences of similar nature. [d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. (R V J)

20.05.2026 dss TO

¶1The District Munsif cum Judicial Magistrate Court at Manamelgudi, Pudukottai District.

¶2The Inspector of Police, Mimisal Police Station, Pudukkottai District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. R.VIJAYAKUMAR,J DSS ORDER IN CRL OP(MD) No.9652 of 2026 Date : 20/05/2026