Balamasthan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/06/2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL Balamasthan ... Petitioner/Accused No.2 Vs The State of Tamilnadu Rep By, The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.
Cr.No.263 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Cr.No.263 of 2026 on the file of the respondent police.
For Petitioner : M.Suresh, Advocate.
For Respondent : Mr.N.Balasubramanian, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6
The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 329(4), 305, 49 of BNS r/w 3 of TNPPDL Act, 1992, in Crime No.263 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant was working as Collection In-charge at P.K.R Finance, Srivilliputhur. Due to previous enmity between the defacto complainant's employer and one Abubakkar regarding the repayment of borrowed money, on 24.05.2026 the petitioner along with other accused trespassed into the finance office and caused damage to the furniture, glass doors, Air-conditioner and CCTV Cameras to the tune of Rs.2 lakhs and also committed the theft of Rs.3 lakhs & 2 gold rings, which were kept in the office locker. On hearing the occurrence, the defacto complainant went to the office. At that time, they came out of the premises and threatened the defacto complainant with dire consequences. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he 2/6
has no way connected in the above said incident. He would further submit that already complaint was given against the defacto complainant by A5 and a part of the property has already been recovered. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) would submit that the offence committed by the accused is grave in nature and the investigation is still pending and the petitioner has 5 previous cases. Hence, 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 there is a money dispute between A5 and the defcato complainant and already A5 given a complaint against the defacto complainant in respect of very same money dispute on very next day and though the prosecution stated that the petitioner has some previous cases, in those cases, he was released on bail and some of the properties have been recovered, I am inclined to grant anticipatory bail to the petitioner, subject to the following 3/6
conditions:
[a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Srivilliputhur, 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 concerned and on further conditions that:
[b] the petitioner shall report before the respondent police, daily at 10.30 a.m. for a period of 30 days, and thereafter as and when required for the 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 with evidence or witness either during investigation or trial. 4/6
[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.
09.06.2026 dss To 1.The Judicial Magistrate No.II, Srivilliputhur. 2.The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL,J DSS
ORDER
IN CRL OP(MD) No.10542 of 2026 Date : 09/06/2026 6/6