Ashok v. State Rep.By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-02-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. G. Ashok

2. Eraiyarul Gowri Shankar Petitioner(s) Vs State rep.by, Inspector of Police, Uthangarai Police Station, Krishnagiri District. Cr.No.33 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 of the arrest in connection with the Cr.No.33 of 2026 pending on the file of respondent police. For Petitioner(s):

Ms.P.Kirubavathi 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 318(4) and 351(2) of BNS 2025 in Crime No.33 of 2026 seeks anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused demanded and received amounts aggregating to Rs.64,000/- from the defacto complainant on the false promise of assisting him in securing partition of ancestral property and subsequently failed to honour the said promise. The accused further demanded money and threatened the defacto complainant with dire consequences. Hence, the case.

3.The learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in a purely civil dispute relating to partition of ancestral property and petitioners are ready to cooperate with the investigation. Hence, the learned counsel prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioners are involved in the offence of cheating and criminal intimidation, that the investigation in this case is at a nascent stage, that grant of anticipatory bail at this stage would hamper effective investigation and therefore the petitioners are not entitled to the relief sought for and prays for dismissal of the anticipatory bail petition.

5. Considering the facts and circumstances of this case, the submissions made by learned counsel appearing on either side, and also the fact that majority of the allegations levelled only against A1,

and this Court is of the view that custodial interrogation of the petitioners are not necessary, hence I am inclined to grant anticipatory bail to the petitioners, with certain conditions.

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, Uthangarai on condition that each of the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 three weeks and thereafter as and when required for interrogation;

(c) the second petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No. 33 of 2026 within a period of one week from the date of receipt of a copy of this order and shall produce the

said receipt before the Court below.

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners shall not abscond either during investigation or trial;

(f) 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;

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

03-02-2026 jai To 1.The Inspector of Police, Uthangarai Police Station, Krishnagiri District.

2. The Judicial Magistrate, Uthangarai.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

jai CRL OP No. 2100 of 03-02-2026