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Madras High CourtCRL OP(MD)/9144/2026granted

Javakar v. The State Of Tamilnadu Rep.By

2026-05-06Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06/05/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Javakar

2. Vasantha Kumar

3. Lakshmipriya

4. Jayakodi Selvaraj ... Petitioners Vs The State of Tamilnadu Rep.By the Inspector of Police, Tenkarai Police Station, Theni District (Cr.No.364 of 2026).

... Respondent PRAYER :- AB. For Anticipatory Bail in Crime No.364/2026 on the file of the respondent police For Petitioner : Mr.R.Jothiraj For Respondent : Mr.A.S.Abdul Kalaam Azad Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 329(4), 62 and 1/6

351(2) of BNS, in Crime No.364 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other accused entered into the defacot complainant's property and tried to pen the safely locker and threatened the defacto complainant with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that none sustained injury in this case and there was civil dispute between the parties. However, he opposed for grant of anticipatory bail to the petitioner.

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5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6.Accordingly, the petitioner is 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 sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Periyakulam, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

[a]the petitioner 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 petitioner shall report before the respondent police at 10.30 a.m on Saturday and Sunday for a period of two weeks and thereafter as and when required for interrogation;

[c]the petitioner shall not tamper with the evidence 3/6

or witness either during investigation or trial; [d]the petitioner 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];

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

06.05.2026 CM TO

1. The Inspector of Police, Tenkarai Police Station, Theni District (Cr.No.364 of 2026).

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

3. The Judicial Magistrate, Periyakulam 4/6

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S.SRIMATHY,J CM

ORDER

IN CRL OP(MD) No.9144 of 2026 Date : 06/05/2026 6/6