Esakkipandi v. State Of Tamilnadu Rep By Inspector Of Police, Ambasamudram
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.01.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Esakkipandi 2.Arunkumar ... Petitioners/A2 and A3 Vs State of Tamilnadu Rep by, The Inspector of Police, Ambasamudram Police Station, Tirunelveli District.
Crime No.545 of 2025.
... Respondent/Complainant For Petitioner : Dr.R.Alagumani Advocate.
For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side) PRAYER :- C-32AB. For Anticipatory Bail in Crime No.
545 of 2025 on the file of the Respondent Police. 1/8
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 126(2), 296(b), 308(4), 109(1) and 351(3) of BNS, 2023, in Crime No.545 of 2025, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 11.12.2025, the petitioners along with other accused persons committed theft of Rs.500 from the defacto complainant. 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 A1 was arrested and released on 2/8
bail. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the first petitioner has 16 previous cases and the second petitioner has 7 previous cases. He further submitted that no one sustained any injury . However, he opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and inspite of the previous cases pending against the petitioners, no one sustained any injury, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
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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 to the satisfaction of the learned Judicial Magistrate, Ambasamuthram, Tirunelveli District, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:
[a]the petitioners 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 first petitioner shall stay at Trichy and report before the 4/8
Inspector of Police, Cantonment Police Station, Trichyi, daily at 10.30 a.m., until further orders and the second petitioner shall stay at Virudhunagar and report before the Inspector of Police, Virudhunagar Bazaar Police Station, Virudhunagar, daily at 10.30 a.m., until further orders. No relaxation or extension petition will be entertained for next two months;
[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial;
[d]the petitioners shall not abscond either during investigation or trial;
[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to 5/8
take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 6/8
TO 1.The Judicial Magistrate, Ambasamuthram, Tirunelveli District.
2.The Inspector of Police, Ambasamudram Police Station, Tirunelveli District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J., vsg
ORDER
IN CRL OP(MD) No.216 of 2026 Date : 29.01.2026 8/8