Muthamilan v. State of Tamilnadu Rep by Inspector of Police, Ss Colony

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR Muthamilan, S/o. Palanichami, D.No. 10/11, Sriram Nagar Main Road, Sammattipuram, Madurai.. ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, SS Colony Police Station, Madurai City. In Cr. No. 2260 of 2022. ... Respondent/Complainant For Petitioner : Mr.M. Maran, Advocate. For Respondent : Mr.T.Lenin Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-8AB. To enlarge the petitioner on Anticipatory Bail in the event on his arrest or surrender in S.C. No. 659 of 2023 on the file of the Learned Chief Judicial Magistrate, Madurai in crime No. 2260 of 2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences under Sections 294(b), 449 and 307 of IPC, in S.C. No. 659 of 2023 on the file of the learned Chief Judicial Magistrate, Madurai, in Crime No.2260 of 2022 on the file of the respondent Police, seeks anticipatory bail.

2.The allegation against the petitioner is that he used to frequently quarrel with the victim's grandmother. During the Deepavali festival, the petitioner shouted and threw footwear towards the victim's house. When the victim questioned the same, the petitioner threatened him. Thereafter, on 21.11.2022, at about 4.30 p.m., the petitioner abused the victim in filthy language and attacked him with a knife, causing severe injuries all over the victim's body. Hence, the case was registered, and the petitioner was arrested. Thereafter, he was released on bail. After the investigation, the respondent police filed the final report and the same was taken on file in S.C.No.659 of 2023 by the learned Chief Judicial Magistrate, Madurai. The case is now pending trial and the petitioner was regularly appearing before the trial Court. However, on 14.07.2026, a non-bailable warrant

(NBW) was issued against the petitioner due to his non-appearance before the trial Court.

3.The learned counsel appearing for the petitioner submitted that, since the petitioner was directed to appear in connection with S.C.No.147 of 2024 on the file of the learned I Additional District and Sessions Judge, Madurai, he was not in a position to appear before the trial Court in the present case. Hence, a Non Bailable Warrant (NBW) was issued against him. He further submitted that the petitioner is ready to appear before the trial Court. However, if the petitioner appears before the trial Court, there is a likelihood that he will be remanded to judicial custody. Therefore, he apprehends his remand. Hence, he prayed to grant anticipatory bail to the petitioner.

4.The learned Counsel for State of TN (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner had appeared before the Court below on the date of hearing in another case, but failed to appear before the trial Court in the present case. Hence, he opposed to grant anticipatory bail to the petitioner.

5.This Court heard both sides and perused the materials available on record including the final report.

6.Considering the nature of allegation and other aspects and the fact that the petitioner appeared on the date of hearing in another case, hence, I am inclined to grant anticipatory bail to the petitioner subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Chief Judicial Magistrate, Madurai, 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 Judicial Magistrate concerned and on further conditions that: [b] the petitioner shall report before the learned Chief Judicial Magistrate, Madurai, on all working days at 10.30 a.m., for a period of one week. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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.

(K R S J) vsg

28.07.2026 TO

1.The learned Chief Judicial Magistrate, Madurai.

2.The I Additional District and Sessions Judge, Madurai.

3.The Inspector of Police, SS Colony Police Station, Madurai City.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ooooooooooooooooooooooooooooooooK.oRAJASEKAR,J., vsg ooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.15260oofo2026 ooooooooooooooooooooooooooooooDateoo:o28/07/2026