K.Samy v. State Of Tamilnadu Rep By Inspector Of Police, Kadayanallur
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL K.Samy
...Petitioner/
Accused No.3 Vs State of Tamil Nadu rep. by The Inspector of Police, Kadayanallur Police Station Tenkasi District.
(Crime No.35 of 2026)
...Respondent/Complainant
For Petitioner :Mr.G.Hariharan Advocate.
For Respondent :Mr.P.Kottai Chamy Government Advocate (Crl. Side) For Intervener : Mr.Dinesh Hari Sudarsan PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.35 of 2026 on the file of the respondent police.
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ORDER : The Court made the following order :- The petitioner/accused No.3, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 191(2), 191(3), 329(1), 296(b), 326(e), 303(2) and 49 of BNS, Act 2023, in Crime No.35 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 28.01.2026, at about 06.00 p.m., the petitioner and other accused persons trespassed into the defacto complainant's land and abused him in filthy language and also destroyed all the fencing and iron gates and tool and articles. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent 2/7
person and he was falsely implicated in this case and he is no way connected in the above said incident. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) fairly submits that the petitioner has no previous cases. However, he opposes to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side and the nature of offences charged against the petitioner and also considering the fact that there is no specific overt act attributed against the petitioner and no previous case is pending against the petitioner, I am inclined to grant anticipatory bail to the 3/7
petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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, Tenkasi, and on further conditions that:
[b] the petitioner shall report before the respondent police once in a week ie., on Every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation.
[c] the petitioner shall not commit any offences of similar nature.
[d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper 4/7
with evidence or witness either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Judicial 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 petitioners 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 B.N.S.
(P D B J) 25.03.2026 vsg 5/7
To 1.The Judicial Magistrate Court, Tenkasi.
2.The Inspector of Police, Kadayanallur Police Station Tenkasi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL, J., vsg
ORDER
IN CRL OP(MD) No. 5258 of 2026 Date : 25.03.2026 7/7