Madras High Court
CRL OP(MD)/24160/2026 of Sankar Nainar Vs State Of Tamilnadu Rep By In on 23 October 2026
CRL OP(MD) No. 24160 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23-10-2026
CORAM
THE HON'BLE DR.JUSTICE P.MURUGAN
CRL OP(MD) No. 24160 of 2026
CNR:{HCMD011530242026}
Sankar Nainar
..Petitioner
Vs
State Of Tamilnadu
Rep By Inspector Of Police,
Munneerpallam Police Station,
Tirunelveli District.
(Crime No. 540/2026)
..Respondent
PRAYER: This Petition filed under section u/s 109 BNS (AB)
C-8AB. For Anticipatory Bail in Crime No.540 of 2026 on the file of the respondent police.
For Petitioner:
Mr. S. Packiya Muthu
For Respondent:
Mr.V.Shathurthi Raja
Government Advocate
(Criminal Side)
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ORDER
This is an application for anticipatory bail in respect of the offences punishable under Sections 296(b), 191(2), 191(3), 329(4), 115(2), 118(1), 109(1), 351(3), and 324(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Section 4 of the TNPWH Act, registered in Crime No. 540 of 2026, dated 28.04.2026.
CRL OP(MD) No. 24160 of 2026
2. The facts of the case reveal that the petitioner was originally enlarged on bail by the Vacation Sessions Court, Tirunelveli, in Crl.M.P. No. 1923 of 2026 on 13.05.2026. As the petitioner did not comply with the conditions imposed in the said order, the respondent police filed a bail cancellation petition in Crl.M.P. No. 3412 of 2026 before the learned Judicial Magistrate (Additional Mahila Court), Tirunelveli, and the same was allowed on 16.09.2026, thereby cancelling the bail granted to the petitioner by a judicial order for non-compliance with the bail conditions.
3. Without challenging the bail cancellation order or surrendering before the learned Judicial Magistrate, the petitioner has filed the present anticipatory bail application, which is unknown to law. There is a procedure prescribed under the law that one has to follow. Once bail is granted and subsequently cancelled due to non- compliance with the bail conditions, the anticipatory bail application is not maintainable, even though the Registry has numbered the petition, which is not acceptable to this Court.
4. When this Court offered the petitioner the option to withdraw the case and directed the petitioner to surrender before the learned Judicial Magistrate, the learned counsel for the petitioner submitted that the police were not allowing the petitioner to comply
CRL OP(MD) No. 24160 of 2026 with the conditions. Such a submission is not warranted at this stage, when the bail granted to the petitioner has already been cancelled by the learned Judicial Magistrate.
5. In view of the same, this anticipatory bail application is dismissed with costs of Rs. 1,000/- [Rupees One Thousand only] payable by the petitioner to the High Court Legal Services Authority at the Madurai Bench of the Madras High Court. Upon production of the receipt, the petitioner may follow the procedure known to law, either by surrendering before the concerned Judicial Magistrate or by challenging the bail cancellation order in the manner known to law. 23-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Nsr To:
1. Inspector Of Police, Munneerpallam Police Station, Tirunelveli District. (Crime No. 540/2026)
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
CRL OP(MD) No. 24160 of 2026 DR.P.MURUGAN, J. Nsr CRL OP(MD) No. 24160 of 2026 23-10-2026