Mathiyazhagan @ Mathivanan v. State by Inspector of Police
/19115/2026 · 2026-07-20
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 52816 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52816 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 19115 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19115 of 2026
1. Mathiyazhagan @ Mathivanan Parukkal Village Udayarpalayam Taluk Ariyalur District
2. Jeyabal @ Jayapal S/o. Pitchamuthu Parukkal Village, Udayarpalayam Taluk, Ariyalur District. 3. Ezhilan @ Ezhilarasan S/o. Rethinasamy, Parukkal Village, Udayarpalayam Taluk, Ariyalur District. ..Petitioner(s) Vs State by Inspector of Police Udayarpalayam Police Station, Ariyalur District. Crime No.222 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the event of their arrest by the Respondent Police in Crime No.222 of 2026 on the file of Inspector of Police, Udayarpalayam Police Station, Ariyalur District, on their appearance before the Jurisdictional Court . For Petitioner(s): M/S. M.R.Elavarsan For Respondent(s):
MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) https://www.mhc.tn.gov.in/judis
CRL OP No. 19115 of 2026 __________ Page2 of 6 ORDER The petitioners apprehend arrest for the alleged offences under Sections 191(2), 191(3), 296(b), 118(1), 351(3) and 303(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 3 of the Tamil Nadu Property (Preventin of Damage and Loss) Act, 1992, in Crime No. 222 of 2026, on the file of the respondent police seek anticipatory bail. 2.The case of the prosecution is that there is an active dispute in the village regarding the administration and consecration of the local Mariamman Temple. In connection with the said dispute, the petitioner allegedly attacked the defacto complainant’s house with an ulterior motive. Hence, the present complaint has been registered. 3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. The learned counsel for the petitioners submitted that there is an ongoing dispute in the village concerning the administration and consecration of the local Mariamman Temple. He would further submit that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court and they are willing to cooperate with the investigation. Hence, he prayed for grant of anticipatory bail. https://www.mhc.tn.gov.in/judis
CRL OP No. 19115 of 2026 __________ Page3 of 6
4. The learned Government Advocate (Crl.
Side) appearing for the respondent police reiterated the case of the prosecution and vehemently opposed the grant of anticipatory bail to the petitioners that the injured person has already been discharged from the hospital. He further submitted that the present case is a case and counter case arising out of the same occurrence. 5.This Court has considered the submissions made on either side. 6. From the submissions made by the learned Government Advocate (Criminal Side), it is seen that the petitioner has no criminal antecedents and that the entire occurrence took place during a temple festival. It is also a case and counter case arising out of the same occurrence. Considering the fact that the petitioner has no criminal antecedents and that the injured has already been discharged from the hospital, this Court is of the view that custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain following conditions. 7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.II, Jayamkondam, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each, with two https://www.mhc.tn.gov.in/judis
CRL OP No. 19115 of 2026 __________ Page4 of 6 sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fail to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'.
The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioners shall report before the respondent Police daily at 10.30 a.m., for a period of fifteen [15] days and thereafter as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 20-07-2026 JRS https://www.mhc.tn.gov.in/judis
CRL OP No. 19115 of 2026 __________ Page5 of 6 To 1.The Judicial Magistrate No.II, Jayamkondam. 2.The Inspector of Police Udayarpalayam Police Station, Ariyalur District. Crime No.222 of 2026. 3. The Public Prosecutor, High court of Madras. https://www.mhc.tn.gov.in/judis
CRL OP No. 19115 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 19115 of 2026 20-07-2026 https://www.mhc.tn.gov.in/judis