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2026 DAILYLAW 20004 (MAD)

K THAVAMANI v. The State of Tamil Nadu

/8745/2026 · 2026-04-30

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No. 8745 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 8745 of 2026 1.K.Thavamani 2.K.Nithishkumar 3.K.Silambarasan 4.P.Chinnadurai 5.A.Manivannan 6.N.Seenivasagan ...Petitioners/Accused Vs State of Tamil Nadu rep. by The Sub Inspector of Police, Vadipatti Police Station Madurai. (Crime No. 112 of 2026 ) ...Respondent/Complainant For Petitioners : Mr.V.Shathurthi Raja Advocate. For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 8745 of 2026 PRAYER :- For Anticipatory Bail in Cr.No. 112 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 191(2), 296(b), 115(2), 118(1), 351(3) of Bharatiya Nyaya Sanhita, 2023 r/w Section 4 of TNPHW Act, in Crime No. 112 of 2026 on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that due to previous enmity regarding land dispute, on 19.04.2026 at about 6.15 hrs, when the husband of the defacto complainant was standing by the road side, the accused assaulted him. Hence, the case. 3. The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. Hence, he prayed 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 8745 of 2026 to grant anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl. Side) would submit that based on the complaint given by the defacto complainant, a case has been registered for the offences punishable under Sections 191(2), 296(b), 115(2), 118(1), 351(3) of Bharatiya Nyaya Sanhita, 2023 r/w Section 4 of TNPHW Act, in Crime No. 112 of 2026. He would further submit that there is a civil dispute between the parties and injured was discharged from the hospital. He would further submit that some of the accused have previous cases. He would further submit that the investigation is pending and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioners. 5. Heard both sides and perused the materials available on record. 6. Considering the rival submissions made on either side and the nature of offences charged against the petitioners, and considering the facts that due to civil dispute between the parties, the occurrence happened and injured was discharged from the hospital and though some 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 8745 of 2026 of the accused have some previous cases, in all cases they were granted bail and some of the accused have no previous case, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to 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 learned Judicial Magistrate, Vadipatti, Madurai, and on further conditions that: [b] the petitioners shall report before the respondent police, on every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation. [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 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 8745 of 2026 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. (P D B J) 30.04.2026 apd To 1.The Judicial Magistrate, Vadipatti, Madurai. 2.The Inspector of Police, Vadipatti Police Station Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 8745 of 2026 P. DHANABAL, J apd ORDER IN CRL OP(MD) No. 8745 of 2026 Date : 30.04.2026 6/6 https://www.mhc.tn.gov.in/judis