- Court
- High Court of Madras
- Decided
- 10 February 2026
- Bench
- K.Rajasekar
- Case no.
- CRL OP 3097/2026
Judgment
ORDER The petitioner who apprehend arrest for the alleged offence under Sections 326(g) of the BNSS in Crime No.179 of 2025, on the file of the respondent police seeks anticipatory bail.
¶2The allegation against the petitioner is that due to property dispute this petitioner has set fire in the property belonging to the defacto complainant and caused damages to the tune of Rs.10,000/- Hence the complaint has been lodged.
¶3The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution and the petitioner is a college student and due to previous enmity a false complaint has been lodged against the petitioner. Hence, he prayed to grant anticipatory bail to the petitioner.
¶4The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that due to property dispute the petitioner has caused damages to the house of the defacto Page2 of 6 complainant to the tune of Rs.10,000/- However, he opposed to grant anticipatory bail to the petitioner.
¶5Heard both sides and perused the materials available on record.
¶6Considering the facts that this petitioner along with other accused has caused damage to the house of the defacto complainant and the manner in which the occurrence alleged to have been taken place, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
¶7Accordingly, the petitioner is directed to deposit a sum of Rs.2,000/- [Rupees two Thousand Only] to the credit of Crime No.179 of 2025 before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the order copy made ready, before the learned District Munsif-Cum-Judicial Magistrate, Gummidipoondi on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:
(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; Page3 of 6
(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 10-02-2026 Index: Yes/No Speaking/Non-speaking order SMN Page4 of 6 To.
¶1The District Munsif-Cum-Judicial Magistrate, Gummidipoondi
2.The Inspector of Police, Pathirivedu Police Station, Thiruvallur District.
¶3The Public Prosecutor, High Court, Madras Page5 of 6
K.RAJASEKAR, J. smn CRL OP No. 3097 of 2026 10-02-2026 Page6 of 6
Case details
Parties and counsel
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-02-2026 CORAM THE HON'BLE MR.JUSTICE K.RAJASEKAR CRL OP No. 3097 of 2026 Ajithkumar ...Petitioner Vs The State rep. by The Inspector of Police, Pathirivedu Police Station, Thiruvallur District. (Cr.No.179 of 2025) ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in event of arrest, pending investigation in Crime No.179 of 2025 on the file of respondent police. For Petitioner(s): Mr. Krishnasamy Chinnasamy For Respondent(s): Ms.J.R. Archana, Government Advocate (Crl.Side) Page1 of 6
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.