Esah Aron alias Esa alias Yesa Vs State Of Tamilnadu Rep By Inspector Of Police, Kalakkad

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 329(3) of BNS, 2023 r/w Section 3(1) of TNPPDL Act, 1992 in Crime No. 398 of 2026 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that due to property dispute, on 11.04.2026, the petitioner and other accused trespassed into the disputed property and damaged the fence. Hence, the case.

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The learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. He would further submit that for the very same occurrence, two FIRs have been registered. Hence, he prayed to grant Anticipatory Bail to the petitioner.

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The learned Counsel for State of TN (Crl.Side) would submit that based on the complaint given by the defacto complainant, a case has

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been registered for the offences punishable under Sections 329(3) of BNS, 2023 r/w Section 3(1) of TNPPDL Act, 1992 in Crime No. 398 of 2026. He would further submit that the petitioner one previous case. He would further submit that the investigation is pending and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioner.

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Heard both sides and perused the materials available on record.

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Considering the rival submissions made on either side and the nature of offences charged against the petitioner, and considering the facts that there is a property dispute between the parties and the petitioner has no previous case except the case regisrtered immediately after this incident, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

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[a] Accordingly, the petitioner is ordered to be released

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on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date on which the order copy

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made ready, before the learned Judicial Magistrate, Nanguneri,

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Tirunelveli, 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

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learned Judicial Magistrate concerned and on further conditions that:

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[b] the petitioner shall report before the respondent police, on every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the

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interrogation.

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[c] the petitioner shall not commit any offences of similar nature.

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[d] the petitioner shall not abscond either during investigation or trial.

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[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with

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law as if the conditions have been imposed and the petitioner

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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].

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[g] If the accused thereafter absconds, a fresh FIR can be

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registered under Section 269 B.N.S.

(P D B J) 17.06.2026

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