M.Jayakumar v. State Of Tamilnadu Rep By Inspector Of Police, Theni

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.02.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No. 1225 of 2026 M. Jayakumar

...Petitioner

Vs.

1. The State of Tamil Nadu, Represented by the Inspector of Police, Theni Police Station, Theni District.

(Crime No. 805 of 2025)

2. Vijaya Ratnagopal ... Respondents [R-2 suo motu impleaded vide order of this Court dated 23.01.2026] For Petitioner : Mr.M.Jaisingh For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Cr.No. 805 of 2025 on the file of the respondent police.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 329(4), 126(2), 296(b), 351(2) of BNS Act, seeks anticipatory bail.

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2. The case of the prosecution is that due to property dispute, the petitioner trespassed into the house of the defacto complainant. 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 he 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 property dispute is pending between the parties.

5. Considering the facts and circumstances of the case and also considering the fact that property dispute is pending between the parties, 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 Judicial Magistrate Court, 2/4

Theni, within a period of fifteen days from the date of when the order copy made ready 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 is directed to deposit Rs.1 lakhs, to the credit of crime number at the time of producing surety and thereafter the same shall be deposited in anyone of the nationalised bank in interest accruing deposit. [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 for interrogation.

[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].

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

10.02.2026 KSA TO 1.The Inspector of Police, Theni Police Station, Theni.

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

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