Kajamalai v. State Of Tamilnadu Rep By Inspector Of Police, Manikandam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07/05/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY Kajamalai Vijai ... Petitioner Vs State of Tamilnadu Rep by Inspector of Police, Manikandam Police Station, Trichy District.

Crime No. 33 of 2026.

... Respondent PRAYER :- For Anticipatory Bail in Crime No. 33 of 2026 on the file of the respondent Police.

For Petitioner : M/s.G.Gayathri, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 189(3), 1/5

329, 191(2), 191(3), 324(4), 130 nd 351(3) of BNS, 2023 Crime No. 33 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner herein is said to have encroached the land belonging to the defacto complainant. Hence, the case.

3. The learned Additional Public Prosecutor submits that it is a case of civil dispute and that there is no previous case pending against the petitioner and the investigation of the case is pending.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.

5. In spite of the petitioner having three previous cases considering the nature of allegations made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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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 IV, Trichy 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 Aadhar card or Bank pass Book to ensure heir identity;

(b) the petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during 3/5

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 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] and;

(f) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 07.05.2026 TRP TO

1. Judicial Magistrate IV, Trichy

2. Inspector of Police, Manikandam, Police Station, Trichy District.

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.9398 of 2026 Date : 07/05/2026 5/5