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2026 DAILYLAW 2804 (MAD)

Prasath v. The State Of Tamilnadu Rep By The Inspector Of Police, Thanjavur

CRL OP(MD)/7196/2026 · 2026-04-10

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.7196 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7196 of 2026 1.Prasath 2.Simeon Philip ... Petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, Thanjavur East Police Station, Thanjavur District. (Crime No.86 of 2026) ...Respondents/Complainant For Petitioners : Mr.K.Navaneetharaja Advocate. For Respondent : Mr.M.Karunanithi Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 86 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), 191(3), 126(2), 296(b), 118(1), 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.7196 of 2026 351(3) and 109 of BNS, in Crime No.86 of 2026, on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that on 18.02.2026, when the parties gathered to enter compromise in another case in Crime No.46 of 2026 in respect of the dispute between one Navin and the 1st petitioner, the petitioners along with other accused persons were found in possession of 63 c.m. of a sword and caused injuries to the defacto complainant with the sword. Hence, the case. 3. The learned counsel for the petitioners submits that the petitioners are innocent and they were falsely implicated in this case and they are in no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. Both parties belongs to same Village. The petitioners were not present in the place of occurrence. Only due previous enmity, the present false case has been foisted against the petitioners. Hence, he prays to grant Anticipatory Bail to the petitioners. 4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. Totally 8 accused in this case. Due to previous 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.7196 of 2026 motive, the accused persons brutally attacked the defacto complainant with deadly weapon. Co-accused has been released on bail. Hence, he vehemently opposed the grant of anticipatory bail to the petitioners as the Investigation is still pending. However admitted that Injured in this case has been discharged from the hospital. 5. Heard both sides and perused the materials available on record. 6. Considering the rival submissions on either side and the nature of offences charged against the petitioners, considering the fact that the injured in this case has been discharged from the hospital, there is no previous case against the petitioners, co-accused has been released on bail and also considering all the facts and circumstances of the 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) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thanjavur and on further conditions that: [b] the petitioners shall report before the respondent 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.7196 of 2026 police, daily at 10.30 a.m., until further orders; [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. (P D B J) 10.04.2026 TM To 1.The Judicial Magistrate No.I, Thanjavur. 2.The Inspector of Police, Thanjavur East Police Station, 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.7196 of 2026 Thanjavur District. (Crime No.86 of 2026) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.7196 of 2026 P. DHANABAL, J. TM ORDER IN CRL OP(MD) No. 7196 of 2026 Date : 10.04.2026 6/6 https://www.mhc.tn.gov.in/judis