Durai Pandian v. State Of Tamilnadu Rep By Inspector Of Police, Sedapatti
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.03.2026 PRESENT THE HONOURABLE MR.JUSTICE P.DHANABAL CRL OP(MD)No.5708 of 2026 1.Durai Pandiyan 2.Mugesh @ Kambatharasan ... Petitioners / A1 and A2
Versus
The State of Tamilnadu, Rep by the Inspector of Police, Sedapatti Police Station, Madurai District.
(Crime No.23 of 2026) ... Respondent / Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the BNSS, 2023, praying to grant anticipatory bail to the petitioners in Crime No.23 of 2026 on the file of the respondent police. For Petitioners :
Mr.J.Leo Daniel Kavin For Respondent :
Mr.M.Karunanithi, Government Advocate (Criminal Side) 1/7
ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 3 of the TNPPDL Act, in Crime No.23 of 2026 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant is the father of A1. Due to a family dispute, A1 allegedly damaged the door of the house belonging to the defacto complainant, the EB board and the glass panes of the car, and also damaged the tyres of the car. The said acts were recorded in the CCTV footage. Hence, the case.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the petitioners are lawabiding citizens and are ready and willing to furnish common sureties and to abide by any conditions that may be imposed by this Court. Accordingly, he prayed to grant anticipatory bail to the petitioners. 2/7
4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the first petitioner has one previous case, and the second petitioner has no previous cases. He further submitted that no one was injured in this case and that the value of the damaged properties has not been mentioned in the FIR. However, he opposed the grant of anticipatory bail to the petitioners.
5. This Court heard the learned counsel on either side and perused the materials placed on record.
6. Considering the rival submissions made on either side, the nature of the offence, and taking into account that no one was injured, and further considering that, though the first petitioner has one previous case, it is not a similar kind of nature and bail has already been granted in the said case, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
7. Accordingly, this petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their 3/7
appearance, within a period of fifteen days from the date on which the order made ready, before the learned Judicial Magistrate No.I, Madurai, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioners shall report before the respondent police on every Saturday at 10.00 a.m. for a period of four weeks and thereafter, as and when required for interrogation;
(c) the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;
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(d) the petitioners shall not leave India without the prior permission of the Court;
(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 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 of BNS.
23.03.2026 pal To 1.The Judicial Magistrate No.I, Madurai.
2.The Inspector of Police, Sedapatti Police Station, Madurai District.
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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL ,J.
pal
ORDER
IN CRL OP(MD) No.5708 of 2026 Date : 23.03.2026 7/7