Shyam Benni vs State Of Tamilnadu Rep By Inspector Of … on 30 April, 2026

Madras High Court

Shyam Benni vs State Of Tamilnadu Rep By Inspector Of … on 30 April, 2026

                                                                     CRL OP(MD). No.8821 of 2026


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             Dated : 30/04/2026

                                                  CORAM

                                  THE HONOURABLE MR. JUSTICE P. DHANABAL

                                         CRL OP(MD). No.8821 of 2026

                     Shyam Benni                  ... Petitioner/Accused No.1

                                                     Vs

                     State of Tamilnadu Rep by,
                     The Inspector of Police,
                     Vadaseri Police Station,
                     Nagercoil.
                     Crime No.126 of 2026.         ... Respondent/Complainant

                     PRAYER :-

                         For Anticipatory Bail in Cr.No.126 of 2026 on the file of the
                     Respondent Police.


                       For Petitioner : Sasiprabha K,
                                 Advocate.
                       For Respondent : Mr.B.Nambi Selvan,
                                 Additional Public Prosecutor


                     ORDER :

The Court made the following order :-

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CRL OP(MD). No.8821 of 2026

The petitioner, who apprehends arrest at the hands of the

respondent for the offences punishable under Sections 296(b), 115(2),

118(1) and 351(2) of BNS Act (Corresponding Sections 294, 323, 326

and 506 of IPC), in Crime No.126 of 2026 on the file of the respondent

police, seeks anticipatory bail.

2. The case of the prosecution is that on 09.04.2026 at about 07.30

pm, due to previous enmity, the petitioner and other accused are said to

have abused the sons of the defacto complainant and attacked them with

weapons and caused injuries and threatened them with dire

consequences. Hence, the case.

3. The learned counsel for the petitioners would submit that the

petitioner is an innocent and has was falsely implicated in this case and

he has no way connected in the above said incident. He would further

submit that the injured were discharged from the hospital. Hence, he

prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that due

to pervious motive, the petitioners and another accused are said to have

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CRL OP(MD). No.8821 of 2026

attacked the complainant and the sons of the complainant with weapons

and caused injuries to them and threatened them with dire consequences

and the investigation is still pending and the petitioner is having 1

previous case. Hence, he opposes to grant anticipatory bail to the

petitioner. He would further submit that the injured were discharged from

the hospital.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature

of offences charged against the petitioner, and there is a dispute between

the parties and the injured were discharged from the hospital and though

the petitioner has 1 previous case, in that case, he was granted bail, I am

inclined to grant anticipatory bail to the petitioner, subject to the

following conditions:

[a] Accordingly, the petitioner is ordered to be

released on anticipatory bail on condition to execute a bond

for a sum of Rs.10,000/- (Rupees Ten Thousand only) with

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CRL OP(MD). No.8821 of 2026

two sureties each for a like sum to the satisfaction of the

learned Judicial Magistrate No.II, Nagercoil,

Kanyakumari, and on further conditions that:

[b] the petitioner shall report before the respondent

police, every Saturday at 10.30 a.m. for a period of four

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].

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CRL OP(MD). No.8821 of 2026

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

be registered under Section 269 B.N.S.

30.04.2026
dss

To

1.The Judicial Magistrate No.II, Nagercoil, Kanyakumari.

2.The Inspector of Police,
Vadaseri Police Station, Nagercoil.

3.The Additional Public Prosecutor,

Madurai Bench of Madras High Court, Madurai.

P. DHANABAL,J

DSS

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CRL OP(MD). No.8821 of 2026

ORDER
IN
CRL OP(MD) No.8821 of 2026

Date : 30/04/2026

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