A.Magesh v. State Of Tamilnadu Rep By Sub Inspector Of Police, Uthumalai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7843 of 2026 A.Magesh ... Petitioner Vs State of Tamil Nadu rep. by The Sub Inspector of Police, Uthumalai Police Station, Tenkasi District.

(Crime No.49 of 2026)

...Respondents/Complainant

For Petitioner : Mr.N.M.Krishna Kanth Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 49 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections329(4), 324(4), 331(3) and 305(a) of BNS, in Crime No.49 of 2026, on the file of the respondent police, seeks 1/5

anticipatory bail.

2. The case of the prosecution is that on 16.02.2026 at 02.00 hours, the petitioner along with other accused persons went to the defacto complainant's house, broke open the door to trespass and mischief the 8 1⁄2 grams of gold jewels, 11 grams of silver and damaged room doors and fridge. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. In the FIR the petitioner is not named person. Only based on the confession of the co-accused this petitioner has been implicated in this case. A1 was granted anticipatory bail. Hence, he prays to grant Anticipatory Bail to the petitioner.

4. The learned Additional Public Prosecutor submits that the offences are grave in nature. The petitioner along with other accused persons involved in theft in the defacto complainant's house, by breaking open the house. He opposed the grant of anticipatory bail to the petitioner. However, the petitioner has one previous case. Hence, the case.

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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, the petitioner is not named accused in the FIR, already main accused namely A1 was granted anticipatory bail, there is no previous case is pending against the petitioner and considering all other facts and circumstances of the case, I am inclined to grant anticipatory bail to the 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 learned Judicial Magistrate, Alangulam, Tenkasi District, and on further conditions that: [b] the petitioner shall report before the respondent police at 10.30 a.m., on every Saturday for a period of four weeks, 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 3/5

or trial.

[e] the petitioner shall not tamper 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 petitioner 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) 21.04.2026 TM To 1.The Judicial Magistrate, Alangulam, Tenkasi District. 2.The Sub Inspector of Police, Uthumalai Police Station, Tenkasi District.

(Crime No.49 of 2026) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 7843 of 2026 Date : 21.04.2026 5/5