Aattukara Vasimalai @ Vasimalai v. State Of Tamilnadu Rep By Inspector Of Police, Elumalai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.02.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.557 of 2026 Aattukara Vasimalai @ Vasimalai ... Petitioner Vs.

The State of Tamil Nadu, Rep. by the Inspector of Police, Elumalai Police Station, Madurai District.

(Crime No.217 of 2025) ... Respondent For Petitioner : Mr.S.Manoj Kumar For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.217 of 2025 on the file of the respondent police.

ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, 2023, in Crime No. 1/6

217 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is the defacto complainant had purchased land in Survey No. 229/10 in the name of his son-in-law. Subsequently, the petitioner raised a dispute regarding pathway access to their land. In connection with this issue, the petitioner allegedly broke open an iron gate, claiming a right of access through the said pathway. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioner. 3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature. Further, there is no previous case against the petitioner.

5. Taking into consideration of the facts and circumstances of the case and since the petitioner has complied with the conditions imposed in the interim anticipatory bail regularly, the interim anticipatory bail already granted 2/6

is made absolute and this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that 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 No.2, Usilampatti, within a period of fifteen days from the date on which the order copy made ready and on further conditions that: [a]the petitioner 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 petitioner shall make a non refundable deposit of Rs.

5,000/- (Rupees Five Thousand only) to the credit of The Head Master, Government Higher Secondary School, Odaipatty, Theni District, in SBI Account No. 11268003539, IFSC No.SBIN0000764, State Bank of India, South Car Street, Uthamapalayam, Theni District.

Judicial Magistrate shall accept the sureties furnished by the petitioner; [c]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required. [d]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[e]the petitioner shall not abscond either during investigation or trial. [f]On breach of any of the aforesaid conditions, the learned 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 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].

[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

16.02.2026 TMG 4/6

TO 1.The Learned Judicial Magistrate No.2, Usilampatti.

2.The Inspector of Police, Elumalai Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.557 of 2026 Date : 16.02.2026 6/6