Paramasivan v. State Of Tamilnadu Rep By Inspector Of Police, Courtallam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Paramasivan

2. Mydeenfath ... Petitioners/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Courtallam Police Station, Tenkasi District.

(Crime No.222 of 2024).

... Respondent/Complainant For Petitioners : S.Balamurugan, Advocate.

For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) PRAYER :- C-38AB. For Anticipatory Bail in Crime no.222 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 427, 506(ii) and 379 of IPC, in Crime No.222 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous motive, the petitioners along with other accused persons have uprooted and damaged and stolen some of the mango and coconut saplings from the defacto complainant's land. 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 Side) opposed for grant of anticipatory bail to the 2/6

petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6.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, Shenkottai, 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;

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[b] the petitioners are directed to deposit a sum of Rs.30,000/-(Rupees Thirty thousand only) to the credit of Crime No.222 of 2024 before the learned Judicial Magistrate, Shenkottai. On such deposit, the learned Magistrate, shall accept the sureties furnished by the petitioner. After receipt of entire amount, the learned Judicial Magistrate, Shenkottai, 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 in the case in Crime No.222 of 2024. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

If the petitioner failed to deposit the amount, the anticipatory bail will be vacated automatically.

[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;

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[d]the petitioners shall not tamper with the evidence or witness either during investigation or trial;

[e]the petitioners 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 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];

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

09.01.2026 PJL TO

1. Judicial Magistrate, Shenkottai.

2.

The Inspector of Police, Courtallam Police Station, Tenkasi 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.508 of 2026 Date : 09/01/2026 6/6