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2026 DAILYLAW 55290 (MAD)

Subashkumar @ Subash v. State Of Tamilnadu Rep By Inspector Of Police, Pasuvanthanai

CRL OP(MD)/14082/2026 · 2026-07-13

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.14082 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.14082 of 2026 Subashkumar @ Subash ... Petitioner/Accused No.1 Vs State of Tamilnadu Rep by, The Inspector of Police, Pasuvanthanai Police Station, Thoothukudi, Crime No.166/2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.166/2026 on the file of the respondent police For Petitioner : K.K. Samy, Advocate. For Respondent : Mr.J.Vishnu, Government Advocate (Crl.Side) ORDER The petitioner apprehends arrest for the alleged offence under 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14082 of 2026 Sections 118(1) & 351(3) of BNS Act, 2023, in Crime No.166 of 2026, on the file of the respondent police seeks anticipatory bail. 2. The allegation against the petitioner is that due to pathway dispute, the petitioner, joining hands with the other accused, attacked the defacto complainant with a liquor bottle and caused injury. Hence, the case has been registered. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the injured was discharged from the hospital and the petitioner has no previous antecedent. 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 on instructions, reported that the investigation is at preliminary stage. He would further submitted that the injured was discharged from the hospital and the 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14082 of 2026 petitioner has no previous antecedent. However, he opposed to grant anticipatory bail to the petitioner. 5. I have gone through the FIR and also the connected materials. 6.Considering the nature of allegations against the petitioner, and also considering the facts that the injured was discharged from the hospital and the petitioner has no previous antecedent, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate, Ottapidaram, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that: 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14082 of 2026 [b] the petitioner 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 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. [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. 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14082 of 2026 13.07.2026 dss To 1.The Judicial Magistrate, Ottapidaram. 2.The Inspector of Police, Pasuvanthanai Police Station, Thoothukudi, 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.14082 of 2026 K. RAJASEKAR,J DSS ORDER IN CRL OP(MD) No.14082 of 2026 Date : 13/07/2026 6/6 https://www.mhc.tn.gov.in/judis