Mariappan v. The State of Tamil Nadu Through

ORDER The petitioner apprehends arrest for the alleged offence under Sections 296(b), 351(3) of BNS Act, 2023, and section 4 of TNPWH and Section 3 of TNPPDL Act, in Crime No.706 of 2026, on the file of the respondent police seeks anticipatory bail.

¶2The allegation against the petitioner is that on 05.06.2026, the petitioner herein is a Ward Member and he questioned the defacto complainant, who is the Panchayat President and threatened him with dire consequences and also caused damage to the water pipe worth about Rs.5,000/-. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that due to previous enmity, false case has been foisted against the petitioner. Hence, he prayed to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions, submitted that the petitioner has 5 previous cases and he is also a History Sheeter and the investigation is at preliminary stage. Hence, he opposed to grant anticipatory bail to the petitioner.

¶5I have gone through the FIR and also the connected materials.

6.Considering the nature of allegations against the petitioner, and also considering the fact that it is a case of threatening and abusing the Panchayat President due to water supply dispute, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate-V, Tirunelveli District, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

30.06.2026 dss To

1.The Judicial Magistrate-V, Tirunelveli District.

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

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K. RAJASEKAR,J DSS ORDER IN CRL OP(MD) No.12799 of 2026 Date : 30/06/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30/06/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR Mariappan ... Petitioner/Accused No.1 Vs The State of Tamil Nadu Through, The Inspector of Police Manoor Police Station, Tirunelveli District (In Crime No.706 of 2026). ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.706 of 2026 on the file of the Respondent Police. For Petitioner : Dr R Alagumani, Advocate. For Respondent : Mr.P.Vetrivel, Government Advocate (Crl.Side)