D. Nandakumar v. State of Tamilnadu Rep by Inspector of Police, Thiruvonam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/06/2026 CORAM THE HONOURABLE MR. JUSTICE P. DHANABAL D. Nandakumar ... Petitioner/Accused No.2 Vs State of Tamilnadu Rep by, The Inspector of Police, Thiruvonam Police Station, Thanjavur District. Crime No.93/2026. ... Respondent/Complainant PRAYER :-For Anticipatory Bail in Crime No.93/2026 on the file of the Respondent Police. For Petitioner : V.Selvakumar, Advocate. For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) ORDER : The Court made the following order :-

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 303(2) of BNS, 2023, in Crime No.93 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner along with other accused committed the theft of goats of the defacto complainant. Hence, the case.

¶3The learned counsel for the petitioners would submit that the petitioner is an innocent and has was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that based on the confession of the co-accused, the petitioner was arrayed as an accused. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) would submit that the petitioner along with other accused committed the theft of goats of the defacto complainant and the investigation is still pending and the petitioner has 11 previous cases similar in nature. Hence, he opposes to grant anticipatory bail to the petitioner.

¶5Heard both sides and perused the materials available on record.

¶6Considering the rival submissions on either side and the nature of offences charged against the petitioner, and only based on the confession of the co-accused, the petitioner was arrayed as an accused and already the stolen goats were recovered and though the petitioner has 11 previous cases, in all cases, he was released on bail, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Orathanadu, 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 learned Judicial Magistrate concerned and on further conditions that: [b] the petitioner shall report before the Vallam Police Station, daily at 10.30 a.m. for a period of 30 days, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [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 law as if the conditions have been imposed and the petitioner 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

11.06.2026 dss

To

1.The Judicial Magistrate, Orathanadu.

2.The Inspector of Police, Thiruvonam Police Station, Thanjavur District.

¶3The Inspector of Police, Vallam Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.10841oofo2026 ooooooooooooooooooooooooooooooooP.oDHANABAL,J ooooooooooooooooooooooooooooooooooooooooodss oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.10841oofo2026 ooooooooooooooooooooooooooooooDateoo:o11/06/2026