Esakku Vs The State of Tamilnadu Rep by The Inspector of Police

Sections 296(b), 115(2), 118(1), 351(3), 109(1) of BNS Act, 2023, and Section 4 of TNPWH Act, in Crime No.386 of 2026, on the file of the respondent police seek anticipatory bail.

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The allegation against the petitioners is that on 13.06.2026, the petitioners abused and attacked the defacto complainant with a wooden log and caused injury. Hence, the case has been registered.

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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 hospital and no previous case is pending against the petitioners and already the co-accused has been released on anticipatory bail by this Court in Crl.OP(MD)No.13024 of 2026 on 10.07.2026. Hence, he prayed to grant anticipatory bail to the petitioners.

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The learned Counsel For State of TN (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions,

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.14042 of 2026RL OP(MD). No.14042 of 2026

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submitted that so far no one was arrested in this case and the investigation is at preliminary stage. He would further submitted that the injured was discharged from the hospital and no pervious case is pending against the petitioners and already the co-accused has been released on anticipatory bail by this Court. However, he opposed to grant anticipatory bail to the petitioners.

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I have gone through the FIR and also the connected materials.

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6.Considering the nature of allegations against the petitioners, and

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also considering the fact that the injured was discharged from the hospital and no pervious case is pending against the petitioners and already the co-accused has been released on anticipatory bail by this Court, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

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[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 No.III, Tirunelveli, on condition

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.14042 of 2026RL OP(MD). No.14042 of 2026

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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:

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[b] the petitioners shall report before the respondent police, daily at 10.30 a.m. for a period of three weeks, and thereafter as and when required for the interrogation.

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[c] the petitioners shall not commit any offences of similar nature.

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[d] the petitioners shall not abscond either during investigation or trial.

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[e] the petitioners shall not tamper with evidence or

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witness either during investigation or trial.

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[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take 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].

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[g] If the accused thereafter absconds, a fresh FIR can

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.14042 of 2026RL OP(MD). No.14042 of 2026

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be registered under Section 269 B.N.S.

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13.07.2026