Rengasamy v. State Of Tamilnadu Rep By Inspector Of Police, Pattukottai Town
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY
1. Rengasamy
2. Navaneetham
3. Malathi .. Petitioners/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.
Crime No.05/2026.
.. Respondent/Complainant For Petitioner : K.M.Karunakaran, Advocate.
For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) For Intervenor/ Defacto Complainant : Mr.N.Balasubramanian PRAYER :- C-38AB.For Anticipatory Bail in Crime No.05/2026 on the file of the respondent police ORDER : The Court made the following order :- 1/7
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 351(2), 131, 305(a) of BNS, in Crime No.5 of 2026 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to the landlord and tenant dispute, the petitioners who are the landlords have abused the defacto complainant in filthy language and attacked him and threatened with dire consequences. 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 conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal 2/7
Side) submitted that there is no previous case pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners. 5.The learned counsel for the intervenor/defacto complainant contended that the accused/landlord forcefully evicted the tenant and removed the tenant from the said place and has taken the tailoring machines.
6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of the petitioner 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, Pattukkottai, within a period of fifteen 3/7
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 petitioners are directed to deposit a sum of Rs.2,00,000/- (Rupees Two lakhs only) to the credit of the Crime No.5 of 2026, before the Judicial Magistrate Court, Pattukottai. After receipt of said amount, the Judicial Magistrate Court, Pattukottai, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed. The learned Judicial Magistrate or Trial Court shall pass orders regarding 4/7
entitlement of the said amount in its final order/Judgment; On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioners;
[c] 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;
Further, according to the prosecution, the properties are with the petitioners, the petitioners are directed to handover the properties to the defacto complainant/tenant which were taken from his place at the time of evicting him;
[d]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;
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[e]On breach of any of the aforesaid conditions, the learned 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 are 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.
09.01.2026 PJL TO
1. Judicial Magistrate, Pattukkottai.
2. The Inspector of Police, Pattukottai Town Police Station,Thanjavur District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J PJL
ORDER
IN CRL OP(MD) No.503 of 2026 Date : 09/01/2026 7/7