Kamalahasan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. Kamalahasan S/o.Velayutham, No.5, Thiruvanchavadi Street, Thiruporur Post, Chengalpattu, Kancheepuram - 603 110.

2. Suresh BalajiS/o.Shanugasundaram, No.47, East Mada Street, Thiruporur post, Kancheepuram -603110.

3. Shanmugasundaram A S/o.Annamalai, No.47, East Mada Street, Thiruporur post, Kancheepuram - 603 110.

4. Pazhani S/o.Nadarajan, No.34,Thiruvanchavadi Street, Thiruporur, Kancheepuram-603110.

5. Komathan S/o.Angappan, No.31, Padavattamman Koil Street, Thiruporur, Kancheepuram - 603110.

6. Ammu.S W/o.Komathan, No.31, Padavattamman Koil Street, Thiruporur, Chengalpattu, Kancheepuram -603110.

7. Dillibabu D S/o.Dev, No.6, North 2nd Street, Kannakapet, Thiruporur, Kancheepuram - 603 110.

8. Kamatchi W/o.Kamalahasan, No.5,Tiruvanchavadi Street, Thiruporur, Kancheepuram - 603 110.

9. Srinivasan J S/o.Jayaraman, No.32 A, Madam 1st Street, Thiruporur, Kancheepuram- 603110.

10.Makendiran.M S/o.Manikkam, No.25, Pavattamman Kovil Street, Thiruporur,Kancheepuram - 603110.

11.Dasaradhan.R S/o.Raj, No.116, Padavattamman Kovil Street, Thiruporur,Kancheepuram, Chengalpattu - 603110.

12.Govindasamy.S S/o.Subbiramani, No.0102, Padavattamman Kovil Street, Thiruporur, Kancheepuram 603110.

13.Pushpa Alias Lakshmi W/o.Arumugam, No.116(1) Padavattamman Kovil Street, Thiruporur Kancheepuram 603 110.

Tamil Nadu - 607 204.

14.G.Gubendran S/o.Govindhu, No.119, Thiruporur, Kancheepuram 603110.

15.Alamelu M W/o.Muniyandi, No.31(1),Thiruporur, Padavattammal, Kancheepuram- 603110.

16.Gokula Kannan S/o.Krishnan, Pavattamman Kovil Street, Thiruporur, Chengalpattu, Kancheepuram- 603110.

..Petitioner(s) Vs The State rep by The Inspector of Police, Thiruporur Police Station, Chengalpattu District.

Crime No.30 of 2026 ..Respondent(s) Prayer: This petition is filed under Section 482 of BNSS to enlarge the petitioners on Anticipatory bail in the event of their arrest in Crime No.30 of 2026 pending investigation on the file of respondent Police and thus render justice.

For Petitioner(s):

R Thirumoorthy R.Thirumoorthy S.Arunkumar S.Sivasekar M.Kishore J.Ganesh K.Mumtha

K.Sundarraj A.R.T.Bhuvaneshwari Tamil Nachiyar For Respondent(s):

Ms.J.R. Archana, Govt Advocate, ( Crl Side)

ORDER

The petitioners, who apprehend arrest for the alleged offence under Sections 189(2), 292, 132 of BNS in Cr.No.30 of 2026, on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that the petitioners herein has objected the officials HR & CE Department to comply the order of this Court, and from taking possession of the property, which was under the encroachment of the petitioners. Hence, the case was registered against them. 3.The learned counsel appearing for the petitioners submitted that the petitioners herein was not aware of the orders passed by the Division Bench of this Court. They have not objected the officials of HR & Ce Department from taking possession of the property. He further submitted that in the Cont.P.No1334 of 2020 in W.P.No.11824 of 2020 the respondent has stated that the encroachment is been removed. He further submitted that the petitioner is ready to cooperate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation in this case is pending. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioners.

5. Considering the fact that in the Cont.p.No1334 of 2020 in W.P.No.11824 of 2020 the respondent has stated that the encroachment is been removed and the allegations levelled against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to 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 (15) days from the date on which the order copy made, before the learned District Munsif cum Judicial Magistrate, Thiruporur on condition that each of the petitioners shall execute separate bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that: (a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of

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

(c) The petitioners shall report before the respondent police daily at 10.30a.m., for a period of four weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

26-02-2026 Index: Yes/No Speaking/Non-speaking order SMN

To

1. The learned District Munsif cum Judicial Magistrate, Thiruporur

2. The Inspector of Police, Thiruporur Police Station, Chengalpattu District.

3. The Public Prosecutor, High Court, Madras

K.RAJASEKAR, J.

smn 26-02-2026