Selvam Palanivel v. The State of Tamilnadu Rep by the Inspector of Police, Thiruneelakudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.07.2026 PRESENT THE HONOURABLE MR.JUSTICE K. RAJASEKAR CRL OP(MD)No.14648 of 2026

1.Selvam Palanivel

2.Jayaraman

3.Palanivel Subramanian

4.Sayadevi Palanivel

5.Ambika Rajavel ... Petitioners /Accused 2 to 6

Versus The State of Tamil Nadu, Rep. by the Inspector of Police, Thiruneelakudi, Thanjavur District. (Crime No.490 of 2026) ... Respondent/Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioners on bail in the event of arrest in Crime No.490 of 2026 on the file of the respondent police, or on their appearance. For Petitioners : Mr.T.Muthukumaran

For Respondent : Mr.J.Vishnu Government Advocate (Criminal Side) ORDER : The Court made the following order :- The petitioners, who apprehend arrest in connection with Crime No.490 of 2026 on the file of the respondent police, registered for the offences punishable under Sections 296(b) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and Section 3(1) of the Tamil Nadu Property (Prevention of Damage and Loss) Act, seek the relief of anticipatory bail.

¶2The allegation against the petitioners is that, owing to a property dispute, they, along with the other accused, formed an unlawful assembly, criminally trespassed into the property of the defacto complainant, assaulted him, criminally intimidated him with dire consequences, abused him in filthy language, and damaged the compound wall, thereby causing a loss estimated at Rs.40,000/-. Hence, the present case has been registered against the petitioners for the aforesaid offences.

¶3The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case due to previous enmity. It was further submitted that the petitioners are ready and willing to cooperate with the investigation and abide by any condition that may be imposed by this Court. Accordingly, the learned counsel prayed for the grant of anticipatory bail.

¶4Per contra, the learned Counsel for the State (Criminal Side) reiterated the prosecution case and submitted that A1 has already been arrested and is in judicial custody, while the present petitioners are arrayed as A2 to A6. He further submitted that the petitioners have no previous criminal antecedents. The investigation is still in progress. Hence, he opposed the grant of anticipatory bail.

¶5This Court has carefully considered the rival submissions and perused the materials available on record.

¶6Considering the nature of the allegations, the fact that A1 has already been arrested and also considering the fact that there are no previous cases against the petitioners and also taking into account the nature of the alleged damage, and the estimated value of the damaged property, this Court is inclined to grant anticipatory bail to the petitioners subject to certain conditions. [a] Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District

Munsif

cum

Judicial

Magistrate, Thiruvidaimaruthur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that: [b] the petitioners shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) each to the credit of the Crime No.490 of 2026 on the file of the respondent-police, before the learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, within a period of fifteen days (15) from the date on which the order copy is made ready. In turn, the learned Judicial Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.490 of 2026. The learned Judicial Magistrate or Trial Court shall pass orders qua entitlement of the said amount in its final order / Judgment; [c] the petitioners 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. [d] the petitioners shall not commit any offences of similar nature. [e] the petitioners shall not abscond either during investigation or trial. [f] the petitioners shall not tamper with evidence or witness either during investigation or trial. [g] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

17.07.2026 pal To

1.The District Munsif cum Judicial Magistrate, Thiruvidaimaruthur.

2.The Inspector of Police, Thiruneelakudi, Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.14648oofo2026 oK.oRAJASEKARoo,Jo. ooooooooooooooooooooooooooooooooooooooooooooopal ORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.14648oofo2026 Dateoo:o17.07.2026