Crl.O.P(MD) No.12519 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2026 CORAM THE HONOURABLE Mr. JUSTICE K. RAJASEKAR Crl.O.P(MD) No.12519 of 2026 Prabhu Sankar ... Petitioner Vs. State Rep. by the Inspector of Police, Muthaiahpuram Police Station, Thoothukudi District. (Cr.No.497 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in event of his arrest, pending investigation in Crime No.497 of 2026 on the file of respondent police. For Petitioner : Mr.R.J.Karthick For Respondent : Mr.T.Lenin Kumar Counsel for State of TN (Crl.Side) ORDER The petitioner apprehends arrest for the alleged offence under Sections 49, 296(b), 109(1) and 351(3) of BNS in Crime No.497 of 2026, on the file of the respondent Police seeks anticipatory bail. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD) No.12519 of 2026 2. The allegation against the petitioner is that the petitioner instigated the other accused to attack the defacto complainant due to group rivalry and accordingly, the other accused attacked the defacto complainant with an aruval and caused injuries and hence, the case has been registered. 3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case, since he has some previous cases. Hence, he prayed to grant anticipatory bail to the petitioner. 4. The learned Counsel for State of TN (Crl.Side), appearing for the respondent Police, reiterated the prosecution case and submitted that the petitioner is having nine previous cases and is the main accused in this case. On a perusal of the FIR and the connected materials, the petitioner's name was used by the accused persons while attacking the defacto complainant. He further submitted that the injured has been discharged from the hospital. Hence, he opposed the grant of anticipatory bail to the petitioner. 5. Heard the learned counsel for the petitioner and the learned Counsel for State of TN (Crl.Side) for the respondent. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD) No.12519 of 2026 6. Considering the facts and circumstances of this case, and considering the fact that the injured is discharged from the hospital and though the petitioner is having nine previous cases, all of them have ended in acquittal and those cases pertain to the period prior to 2021, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Thoothukudi, on condition that the petitioner shall 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 concerned and on further conditions that: [b] 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 the interrogation. [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. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD) No.12519 of 2026 [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. 02.07.2026 Indu To 1.The learned Judicial Magistrate-II, Thoothukudi. 2.The Inspector of Police, Muthaiahpuram Police Station, Thoothukudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD) No.12519 of 2026 K. RAJASEKAR.J Indu Crl.O.P(MD) No.12519 of 2026 02.07.2026 5/5 https://www.mhc.tn.gov.in/judis