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Madras High CourtCRL OP(MD)/2431/2026granted

Ibrahim v. State Of Tamilnadu Rep By Inspector Of Police, Thalaiyuthu

2026-02-06Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.02.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Ibrahim 2.Beer Pathbanu 3.Muhamed Sintha Madhar 4.Rameezal Begam ... Petitioners/A1 to A4 Vs State of Tamilnadu Rep by, The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

(In Crime No.29 of 2026) ... Respondent/Complainant For Petitioner : Mr.P.Pugalenthi Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-33AB For Anticipatory Bail in Crime No. 29 of 2026 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences 1/7

punishable under Sections 189(2), 296(b) and 351(3) of BNS, and Section 4 of TNPHW Act, and 3 of the Tamil Nadu Property Damage and Loss Act, in Crime No. 29 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to civil dispute, the petitioners and other accused persons trespassed into the property of the defacto complainant and damaged a wall worth about Rs. 30,000/-. 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) for the respondent police submitted that no one 2/7

sustained any injury. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also considering the fact that no one sustained any injury, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6.Accordingly, this petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Additional Mahila Court, Tirunelveli, 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 3/7

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.30,000/-(Rupees Thirty Thousand only) to the credit of Crime No.29 of 2026 on the file of the Additional Mahila Court, Tirunelveli.

After depositing the said amount, the Magistrate 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 entitlement of the said amount in its final order/Judgment; if any default 4/7

in payment of installments, the anticipatory bail granted will be automatically dismissed;

[c] the petitioners shall report before the respondent Police daily at 10.30 a.m., for a period of one week and thereafter as and when required for intrrogation.

[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 is released on bail by the learned Magistrate/Trial Court himself as laid 5/7

down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

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

06.02.2026 vsg TO 1.The Additional Mahila Court, Tirunelveli.

2.TThe Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

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

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S.SRIMATHY,J., vsg

ORDER

IN CRL OP(MD) No.2431 of 2026 Date : 06.02.2026 7/7