Vijayakumar vs State Of Tamil Nadu

R.Vijayakumar, J

The petitioner / sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b) and 351(2) of BNS, 2023 and Section 3(1) of TNPPDL Act, in Crime No.49 of 2026 on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution is that on 30.04.2026, due to previous enmity, the accused persons assaulted and damaged the auto and bike belonging to the defacto complainant. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. Hence, he seeks this Court to grant anticipatory bail to the petitioner.

The learned Government Advocate (Crl.side) appearing for the respondent police would submit that the petitioner is having one previous case and the vehicles have been damaged.

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

Accordingly, the petitioner is ordered to be released on bail, in the event of his arrest or on his appearance, on condition that he 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-II, Usilampatti, within a period of fifteen days from the date on which the order is made ready and subject to the following further conditions:

[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 appear before the respondent police daily at 10.30 am., until further orders.

[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.