Andisamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Andisamy ... Petitioner/Sole Accused Vs The State of Tamilnadu Rep By, The Inspector of Police, Kottampatti Police Station, Melur Taluk, Madurai District.

Cr.No.174/2026.

... Respondent/Complainant PRAYER :- For Anticipatory Bail in Cr.No.174 of 2026 on the file of the respondent police.

For Petitioner : S Nagendran, Advocate.

For Respondent : Mr.G.Ganesh Kumar, 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 115(2), 303(2) and 351(2) of BNS, 2023, in Crime No.174 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 12.05.2026, at about 10.0 p.m, the petitioner trespassed into the house of the defacto complainant and broke open the bureau with an iron rod and stolen s sum of Rs.2 lakhs. On seeing the son of the defacto complainant, he pushed him down and fled away from the scene of occurrence. When the same was enquired by the elders of the village, the petitioner pulled a tuft of the hair of the defacto complainant, pushed her down and caused criminal intimidation. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioner is an innocent and has was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that no previous case is pending against the petitioner. Hence, he prays to grant anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Crl. Side) would submit that the petitioner committed the theft of Rs.2 lakhs and the amount was not yet recovered and the investigation is still pending. Hence, he opposes to grant anticipatory bail to the petitioner. He would further submit that the petitioner has no previous case.

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 the alleged occurrence was took place on 12.05.2026 and FIR was registered only on 16.05.2026 and even according to the prosecution, there is no reference about the theft of money and the averments of the FIR reveals that the petitioner attempted to commit the offence of theft and the petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be 3/6

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 Principal Sessions Judge, Madurai, and on further conditions that:

[b] the petitioner shall report before the respondent police, every Saturday at 10.30 a.m. for a period of four weeks, 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. [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 4/6

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.

11.06.2026 dss To 1.The Principal Sessions Judge, Madurai.

2.The Inspector of Police, Kottampatti Police Station, Melur Taluk, Madurai District.

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

5/6

P. DHANABAL,J dss

ORDER

IN CRL OP(MD) No.10769 of 2026 Date : 11/06/2026 6/6