Muthusamy v. State Of Tamilnadu Rep By Inspector Of Police, Swaminathapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.01.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No. 1659 of 2026

1. Muthusamy

2. Sivaraj

...Petitioners

Vs.

The State of Tamil Nadu, Represent by the Inspector of Police, Swaminathapuram Police Station, Dindigul District.

(Crime No.11 of 2026) ... Respondent For Petitioners : Mr.D. Venkatesh For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Cr.No. 11 of 2026 on the file of the respondent police.

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 326(f) of BNS ACT, 2023, seeks anticipatory bail.

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2. The case of the prosecution is that due to property dispute, the accused persons have set fire to the harvested corn and caused damage. Hence, a case has been registered as against the petitioner.

3. The learned Counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioners are serious in nature and 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 petitioners are ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall 2/4

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, Palani, within a period of fifteen days from the date when the order copy 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 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.

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

29.01.2026 KSA TO 1.The Inspector of Police, Swaminathapuram Police Station, Dindigul District.

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

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