Joseph Baby v. State Of Tamilnadu Rep By Inspector Of Police, Swaminathapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.02.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No. 2477 of 2026 1.Joseph Baby

2. A.U. Varghese

...Petitioners

Vs.

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

(Crime No. 37 of 2024) ... Respondent For Petitioners : Mr.R.Manoj For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Cr.No. 37 of 2024 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 435 of IPC or Section 326 of BNS Act, seeks anticipatory bail.

1/4

2. The case of the prosecution is that due to property dispute, the accused persons set fire on the property of the defacto complainant. Hence, a case has been registered as against the petitioners.

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 police submitted that the respondent police has completed investigation and filed charge sheet before the jurisdictional Magistrate Court.

5. Considering the same, this Court is inclined to grant anticipatory bail to the petitioners 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 execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two 2/4

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 Judicial Magistrate Court, Palani, daily 10.30 a.m., for a period of two weeks and thereafter shall appear in all the future hearing dates.

[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].

3/4

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

09.02.2026 KSA TO 1.The Judicial Magistrate Court, Palani.

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

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

4/4