Mari v. The State Rep.By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.154 of 2026

1. Mari S/o.Gopal

2. Chandralekha W/o.Mari ... Petitioners / A1-A2 Vs The State Rep. By, The Inspector of Police, C-5, Vengal Police Station, Thiruvallur District.

(Crime No.347 of 2025) ... Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners herein on anticipatory bail in the event of their arrest by the respondent in Crime No.347 of 2025 on the file of the respondent police.

For Petitioners : Mr.Parthipan P For Respondent : M/s. J.R. Archana Government Advocate (Crl.Side) ******

O R D E R

The petitioners herein, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(2) of BNS Act, 2023, r/w Section 4 of Women Harassment Act in Crime No.347 of 1/5

2025 on the file of the respondent Police, seek anticipatory bail. 2.

The case of the prosecution is that, there is land dispute between the petitioners and the complainant, due to which, a wordy quarrel arose between them and the petitioners have attacked the complainant and his wife with wooden stick and threatened them with dire consequences. The complainant suffered injuries and got admitted in hospital. Hence, this case.

3.

The learned counsel appearing for the petitioners submitted that the petitioners are falsely implicated in this case. The petitioners were attacked with wooden stick by the complainant and his relatives and filed a false counter case against the petitioners who are real victims and that the petitioners are ready to abide by any conditions that may be imposed by this Court and to co-operate for the investigation, hence sought for anticipatory bail to the petitioners. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioners reiterated the prosecution case and submitted that the investigation of this case is pending and there is no previous case as against the petitioners and the injured got discharged from the hospital.

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5.

Considering the submissions made, facts and circumstances of this case, nature of allegation, the fact that there is a land dispute between the parties and custodial interrogation of the petitioners is not necessary for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.

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 Judicial Magistrate-I, Tiruvallur, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] if the petitioners fail to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of copy of this order, this Order shall stand automatically cancelled;

[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 3/5

Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[c] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of four weeks and thereafter, as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [e] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

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K. RAJASEKAR, J.

ssa To

1. The Judicial Magistrate-I, Tiruvallur.

2. The Inspector of Police, C-5, Vengal Police Station, Thiruvallur District.

(Crime No.347 of 2025)

3. The Public Prosecutor, High Court of Madras.

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