Kalidasan Mariyappan v. State rep by the Inspector of Police
/19138/2026 · 2026-07-20
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 52837 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52837 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 19138 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19138 of 2026
1. Kalidasan Mariyappan S/o. Mariyappan, Door No.40/1, Melakottaivasal Road, Nagapattinam-611001. 2. Arunkumar Kalidasan S/o. Kalidasan Door No.40/1, Melakottaivasal Road, Nagapattinam- 611001. ..Petitioner(s) Vs State rep by the Inspector of Police Nagapattinam Town Police Station, Nagapattinam District. Crime No.176/2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.176 of 2026 on the file of the respondent Polcie and thus render Justice. For Petitioner(s): Mr.J.Jawahar For Respondent(s): M/s.R.S.Indira, Government Advocate (Crl.Side) ORDER The petitioners apprehend arrest for the alleged offences under Sections 329(4), 296(b), 118(1) of BNS, 2023 read with Section 4 of the Tamil Nadu https://www.mhc.tn.gov.in/judis
CRL OP No. 19138 of 2026 __________ Page2 of 5 Prohibition of Harassment of Women Act, 1998 in Crime No.176 of 2026 on the file of the respondent police seeks anticipatory bail. 2. The allegation against the petitioner is that due to previous enmity, a wordy quarrel ensued between the petitioner and the de facto complainant, during the course of which the petitioner assaulted the de facto complainant, thereby causing injuries with iron rod, and further abused and intimidated him, on the basis of which the respondent police registered the present case. 3. The learned counsel for the petitioners submitted that there was a wordy quarrel and that the petitioners have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners. 4. Per contra, the learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the occurrence erupted due to a land dispute between neighbours. She further submitted that the petitioners assaulted the de facto complainant using an iron rod, thereby causing fracture injuries. She further submitted that the injured was admitted to the hospital on 04.07.2026 and discharged on
11.07.2026. Hence, she opposed to grant anticipatory bail to the petitioners. 5. I have given my anxious consideration to either side submissions. 6.
Taking into consideration the facts and circumstances of the case that the petitioners have no bad antecedents and that the injured has already been https://www.mhc.tn.gov.in/judis
CRL OP No. 19138 of 2026 __________ Page3 of 5 discharged from the hospital and considering the nature of allegations, this Court is of the view that custodial interrogation of the petitioners is not required at this length of time. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail with certain 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, Nagapattinam, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fails 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 stay at Sivagangai and report before the Singampunari Police Station, daily at 10.30 a.m. for a period of two weeks and thereafter report before the respondent police as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the https://www.mhc.tn.gov.in/judis
CRL OP No. 19138 of 2026 __________ Page4 of 5 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 absconds, a fresh FIR can be registered under Section 269 of BNS Act. 20-07-2026 DRL To 1.The Judicial Magistrate No.II, Nagapattinam. 2.The Inspector of Police Nagapattinam Town Police Station, Nagapattinam District. 3.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis
CRL OP No. 19138 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. DRL CRL OP No. 19138 of 2026 20-07-2026 https://www.mhc.tn.gov.in/judis