Ajithkumar Vs The State Rep. by — Anticipatory Bail | Madras HC (2026)

Ajithkumar Vs The State Rep. by — Anticipatory Bail | Madras HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted subject to conditions: deposit of Rs.2,000/- to the credit of Crime No.179 of 2025 before the trial Court; release on bail in the event of arrest, or on appearance within 15 days, before the District Munsif-Cum-Judicial Magistrate, Gummidipoondi, on a Rs.20,000/- bond with two sureties each for a like sum; daily reporting at 10.30 a.m. for two weeks; automatic cancellation on failure to surrender within 15 days; breach actionable per P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; absconding invites a fresh FIR under Section 269 BNS Act.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner (Ajithkumar), who apprehends arrest for the alleged offence under Sections 326(g) BNSS in Crime No.179 of 2025 (allegedly setting fire to the defacto complainant's property amid a property dispute, damage of about Rs.10,000/-), pending investigation.

Court's answer

Considering that the petitioner along with other accused caused damage to the house of the defacto complainant and the manner of the alleged occurrence, the court granted anticipatory bail subject to certain conditions.

Ratio / Principle

The petitioner is directed to deposit a sum of Rs.2,000/- to the credit of Crime No.179 of 2025 before the trial Court.

Key takeaways

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 fifteen (15) days from the date on which the order copy is made ready.ratio¶27
Release is before the learned District Munsif-Cum-Judicial Magistrate, Gummidipoondi, on condition that the petitioner executes a bond for Rs.20,000/- with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned.ratio¶27

Detailed headnote1 paragraphs

High Court of Judicature at Madras (K.Rajasekar, J.), CRL OP No. 3097 of 2026, decided 10-02-2026: Anticipatory bail petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Ajithkumar, who apprehended arrest in Crime No.179 of 2025 (Pathirivedu Police Station, Thiruvallur District) for the alleged offence under Sections 326(g) of the BNSS - reportedly setting fire to the defacto complainant's property amid a property dispute, damage of Rs.10,000/-. Bail granted subject to conditions: deposit of Rs.2,000/- to the credit of the crime before the trial Court; release in the event of arrest, or appearance, within fifteen (15) days before the District Munsif-Cum-Judicial Magistrate, Gummidipoondi on execution of a Rs.20,000/- bond with two sureties each for a like sum; daily reporting before the respondent police at 10.30 a.m. for two weeks and thereafter as required; automatic cancellation on failure to surrender within fifteen days; breach actionable as per P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; absconding invites a fresh FIR under Section 269 of BNS Act.

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

https://www.mhc.tn.gov.in/judis

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.

The 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.

The 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.

The 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

https://www.mhc.tn.gov.in/judis

complainant to the tune of Rs.10,000/- However, he opposed to grant anticipatory bail to the petitioner.

Heard both sides and perused the materials available on record.

6. Considering 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.

7. Accordingly, 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

https://www.mhc.tn.gov.in/judis

(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

Neutral Citation: Yes/No

SMN

__________ Page4 of 6

https://www.mhc.tn.gov.in/judis

To.

1. The District Munsif-Cum-Judicial Magistrate, Gummidipoondi

2 .The Inspector of Police, Pathirivedu Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court, Madras

__________ Page5 of 6

https://www.mhc.tn.gov.in/judis

K.RAJASEKAR, J.

smn

CRL OP No. 3097 of 2026

10-02-2026

__________ Page6 of 6

https://www.mhc.tn.gov.in/judis