Maharaja v. The State Rep.By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. Maharaja

2. Suresh

3. Lavanya ..Petitioner(s) Vs The State rep.by its, The Inspector of Police, Madurantakam Police Station, Chengalpattu District.

Cr.No.551 of 2025.

..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioners on bail in the event of his arrest by the respondent police pending investigation in Cr.No.551 of 2025 on the file of the respondent police. For Petitioner(s):

M/s.V.VIJAYAKUMAR For Respondent(s):

Ms.J.R.Archana, GA (Crl.Side)

ORDER

The petitioners, who apprehend arrest by the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS 2023

and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.551 of 2025 seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant's uncle one Kannaiyan filed a Writ Petition before this Court and this Court directed to measure the disputed land. When the defacto complainant, his relatives along with the Government Surveyor went to measure the land. At that time, the petitioner along with other accussed have abused, assaulted them with stone and wooden log, causing injuries. Hence, the case. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that a counter case has been registered against the defacto complainant in Crime No.552 of 2025. Hence, the learned counsel prayed for the grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.

Side) appearing for the respondent police reiterated the prosecution's case and on instructions, reported that it is a case and case in counter, the injured sustained simple injuries, the investigation in this case is pending and no previous cases are pending against the petitioners. Hence, she opposed for the grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of this case, the submissions made by learned counsel appearing on either side and the custodial interrogation of the petitioners is not necessary, I am inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.II, Madhurathagam, Chengalpattu District on condition that each of 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners 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; (c) the petitioners shall not tamper with evidence or witness

either during investigation or trial;

(d) the petitioners shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

29-01-2026 Index: Yes/No Speaking/Non-speaking order JAI To 1.The Inspector of Police, Madurantakam Police Station, Chengalpattu District.

2. The Judicial Magistrate No.II, Madhurathagam, Chengalpattu District.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

JAI 29-01-2026