C.Malaisamy vs State

k.k.ramakrishnan, j

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 329(3), 296(b), 115(2), 351(3) of BNS, 2023 (Corresponding offences under Section 447, 294, 323 and 506(2) of IPC), in Crime No.5 of 2026, on the file of the respondent police, seeks anticipatory bail.

2.The defacto complainant has alleged in his complaint that the subject property was earlier leased out to the petitioner. Upon expiry of the lease period, the defacto complainant and his father leased out the property to one Murugan. Thereafter, the petitioner filed a civil suit in O.S. No.124 of 2025 on the file of the District Munsif Court, Bodinayakkanur, making false allegations. Based on the pendency of the said suit, the petitioner is alleged to have been disturbing the present tenant, Murugan. It is further alleged that on 04.02.2026 at about 05.00 p.m., when the defacto complainant visited his family property, the petitioner was present there and criminally intimidated him by issuing life threats and also assaulted him with his hands. Therefore, a case has been registered by the respondent police in Crime No.5 of 2026.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature.

5.Considering the circumstances, particularly that the dispute pertains to the extension of a lease which is the subject matter of a suit pending between the parties, and that the injured has been discharged from the hospital, 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, Bodinayakkanaur, Theni District within a period of fifteen days from the date on which the order 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 daily at 10.30 a.m., for a period of fifteen days (15 days) and thereafter, as and when required. [c]the petitioner shall not tamper with the evidence 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.