Arivazhagan v. The State Through the Inspector of Police

ORDER The petitioners apprehend arrest for the alleged offence under Sections 329(4), 296(b), 76, 118(1), 115(2), & 324(2) of BNS Act, 2023, and Section 4 of Tamilnadu Prohibition of Harassment of Women (Amended Act), 2002, in Crime No.34 of 2026, on the file of the respondent police seek anticipatory bail.

¶2The allegation against the petitioners is that due to land dispute, the petitioners, joining hands with the other accused, entered into the house of the defacto complainant and attacked her with a wooden log and caused injury. Hence, the case has been registered.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the injured was discharged from the hospital and no previous case is pending against the petitioners. Hence, he prayed to grant anticipatory bail to the petitioners.

¶4The learned Counsel For State of TN (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions, submitted that the investigation is at preliminary stage. He would further submitted that the first petitioner has 1 previous case and the second petitioner has no previous case and the injured was discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

¶5The learned counsel for the Intervenor submitted that though it is reported that the injured was discharged from the hospital, the injured is still in hospital. Hence, he opposed to grant anticipatory bail to the petitioners.

¶6I have gone through the FIR and also the connected materials.

7.Considering the nature of allegations against the petitioners, and also considering the fact that though it is contended that the injured has been discharged, the records reveals that the injured is still undergoing treatment. The injuries sustained by the defacto complainant are grievous in nature. It is also stated that the first petitioner has 1 one previous case. However, considering the manner in which the occurrence took place and the motive behind the incident, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. [a] Each petitioner is directed to deposit a sum of Rs.1,500/-(Rupees One Thousand and Five Hundred only) to the credit of Crime No.34 of 2026 within a period of 15 days before the learned Judicial Magistrate, Vilathikulam. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment. [b]On such deposit being made, this petition is ordered and the petitioner is ordered to be released on bail on condition to 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 Judicial Magistrate, Vilathikulam, and on further conditions that: [c] the petitioners 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 the interrogation. [d] the petitioners shall not commit any offences of similar nature. [e] the petitioners shall not abscond either during investigation or trial. [f] the petitioners shall not tamper with evidence or witness either during investigation or trial. [g] 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

09.07.2026 dss To

1.The Judicial Magistrate, Vilathikulam,

2.The Inspector of Police, Kadalkudi Police Station, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K. RAJASEKAR,J DSS ORDER IN CRL OP(MD) No.13728 of 2026 Date : 09/07/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR 1. Arivazhagan 2. Raj ... Petitioners/Accused No.1&2 Vs The State Through, The Inspector of Police, Kadalkudi Police Station, Thoothukudi District. (In Crime No.34 of 2026). ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.34 of 2026 on the file of the Respondent Police. For Petitioners : V.Nirmal Kumar-Ms/1529/2013, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel For State of TN (Crl.Side) For Intervenor : MR.P.Kaleeswaran Advocate.