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2026 DAILYLAW 53134 (MAD)

Kumar v. The State of Tamilnadu

CRL OP(MD)/13766/2026 · 2026-07-09

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.13766 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.13766 of 2026 1. Kumar 2. Natarajan 3. Sugesh 4. Sinduja 5. Manikandan 6. Balasubramanian ... Petitioners/Accused No.1 to 6 Vs The State of Tamilnadu Rep By, The Inspector of Police, Kallakudi Police Station, Trichy District. Cr.No.123 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Cr.No.123 of 2026 on the file of the respondent police. For Petitioners : Yogeswaran S, Advocate. 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13766 of 2026 For Respondent : Mr.N.Balasubramanian, Counsel For State of TN (Crl.Side) For Intervenor : Mr.A.Senthil Kumar Advocate. ORDER The petitioners apprehend arrest for the alleged offence under Sections 191(2), 296(b), 115(2), & 351(3) of BNS Act, 2023, and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.123 of 2026, on the file of the respondent police seek anticipatory bail. 2. The allegation against the petitioners is that due to previous enmity, the petitioners, joining hands with the other accused, attacked the defacto complainant and her husband and caused injury. Hence, the case has been registered. 3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the injured was discharged from the 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13766 of 2026 hospital and the petitioners have no previous case. Hence, he prayed to grant anticipatory bail to the petitioners. 4. The learned Counsel For State of TN (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions, submitted that the investigation is at preliminary stage. He would further submitted that the injured was discharged from the hospital and the petitioners have no previous case. However, he opposed to grant anticipatory bail to the petitioners. 5. The learned counsel for the Intervenor submitted that if the petitioners release on anticipatory bail, there is likelihood of indulge in similar kind of offence. Hence, he strongly, opposed to grant anticipatory bail to the petitioners. 6. I have gone through the FIR and also the connected materials. 7.Considering the nature of allegations against the petitioners, and also considering the facts that the injured was discharged from the 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13766 of 2026 hospital and the petitioners have no previous case, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions. [a] Accordingly, the petitioners are 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, Lalgudi, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that: [b] the petitioners shall report before the respondent police, daily at 10.30 a.m. for a period of two 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 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 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13766 of 2026 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. 09.07.2026 dss To 1.The JJudicial Magistrate, Lalgudi.. 2.TThe Inspector of Police, Kallakudi Police Station, Trichy District. 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.13766 of 2026 K. RAJASEKAR,J DSS ORDER IN CRL OP(MD) No.13766 of 2026 Date : 09/07/2026 6/6 https://www.mhc.tn.gov.in/judis