Usha v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K. RAJASEKAR

1. Usha

2. Karthick @ Ramesh

3. Mohan @ Mohanraj Petitioner(s) Vs State rep.by, The Inspector of Police, Attur Rural Police Station Salem District.

Cr.No.3 of 2026.

Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioners on anticipatory bail in the event on their arrest by the respondent police in Cr.No.3 of 2026 on the file of the respondent police. For Petitioner(s):

Mr.S.Sankar For Respondent(s):

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

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 329(3), 324(2), 351(3) of BNS Act in connection with the Cr. No.3 of 2026, seek anticipatory bail.

2. The allegation against the petitioners are that due to previous enmity regarding land dispute, the petitioners joining hand with co-accused, damaged the 30 black stones and felled 300 casuarina trees, causing damage worth about Rs.9,000/-/ When the defacto complainant questioned them, the accused abused him in filthy language, and threatened him with dire consequence. Hence, the case.

3. Learned counsel for the petitioners submitted that petitioners are innocent persons, and they have been falsely implicated by the respondent police. He further submitted petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and investigation in this case is still pending. She vehemently opposed for grant of anticipatory bail to the petitioners.

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

6. Considering the nature of allegations, submissions made by the learned counsel appearing on either side and custodial interrogation of the

petitioners are not necessary, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate No.1, Attur, 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 learned Magistrate concerned and on further condition that:

[a] the first petitioner shall appear before the respondent police as and when required for interrogation.

[b] the 2nd and 3rd petitioners shall report before the respondent police daily at 10.30 am., for a period two weeks and thereafter as and when required for interrogation.

[c] Each of the petitioners shall deposit a sum of Rs.2,000/- to the credit of Crime No.3 of 2026 within a period of one week from the date of receipt of copy of this order and shall produce the receipt of the same before the concerned Magistrate.

[d] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the

case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[e] the petitioners shall not leave India without the previous permission of the Court;

[f] the petitioners shall not abscond either during investigation or trial. [g] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the 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)AIR SCW 5560].

[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

02.02.2026 jai To 1.The Inspector of Police, Attur Rural Police Station Salem District.

2. The Judicial Magistrate No.1, Attur.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

jai CRL OP No.2191 of 02.02.2026