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2026 DAILYLAW 82994 (MAD)

Mariyappan v. State Of Tamilnadu Rep By Inspector Of Police, Sivakasi East

CRL OP(MD)/124/2026 · 2026-01-29

S Srimathy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.124 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.01.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.124 of 2026 1.Mariyappan 2.Karthikeyan @ Karthik 3.Manimaran 4.Mareeswaran @ Marieswaran ... Petitioners/A1 to A4 Vs State of Tamilnadu Rep by, The Inspector of Police, East Police Station, Sivakasi. Crime No.741 of 2025. ... Respondent/Complainant For Petitioner : Mr.S.M.Anantha Murugan, Advocate. For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side) PRAYER :- C-32AB. For Anticipatory Bail in Crime No.741 of 2025 on the file of the Respondent Police. 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.124 of 2026 ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, 2023, in Crime No.741 of 2025, on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that on 27.12.2025, at about 10.00 p.m., when the defacto complainant was consuming liquor in a recreation club, at that time, there was a wordy quarrel between the petitioner and the defacto complainant. Thereafter, the petitioners attacked the defacto complainant with stones and caused grievous injuries. Hence, the complaint. 3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.124 of 2026 conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl. Side) submitted that the first petitioner has three previous cases and the petitioners 2 and 3 have one previous case. He further submitted that the injured person has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.124 of 2026 to the satisfaction of the learned Judicial Magistrate No.II, Sivakasi, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that: [a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation; [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d]the petitioner shall not abscond either during investigation or trial; [e]On breach of any of the aforesaid 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.124 of 2026 conditions, the learned 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 is 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]; [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 29.01.2026 vsg 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.124 of 2026 TO 1.The Judicial Magistrate No.II, Sivakasi. 2.The Inspector of Police, East Police Station, Sivakasi. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.124 of 2026 S.SRIMATHY,J., vsg ORDER IN CRL OP(MD) No.124 of 2026 Date : 29.01.2026 7/7 https://www.mhc.tn.gov.in/judis