Muthukrishnan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Muthukrishnan

2. Annakili

3. Ramya ..Petitioner(s) Vs The Inspector of Police, Semmenchery Police Station, Tambaram District.

Cr.No.Not known of 2026.

..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioners on bail in the event of his arrest in Cr.No.Not known of 2026 on the file of the respondent police.

For Petitioner(s):

Mr.R.Lenin For Respondent(s):

Mr.P.Dhileepan, Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offences under Sections 115(2), 296(b) r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 in Crime No.Not known of 2026 on the file of the respondent police seek anticipatory bail.

2. It is the case of the prosecution that due to a land dispute between the petitioners and the de facto complainant, the present complaint has been lodged.

3. The learned counsel for the petitioners submitted that the present case arises out of a civil dispute between the petitioners and the de facto complainant and have been falsely foisted upon the petitioners. He further submits that there is a case and a counter case. However, the petitioners are ready to abide by any stringent condition that may be imposed by this Court and the petitioners are ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and vehemently opposed to grant anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent.

6. The entire issue revolves around a land dispute between the petitioners and the de facto complainant. Taking into consideration the totality of the circumstances and also taking into consideration the long lapse of time since the registration of FIR, at this length of time, the custodial interrogation of the

petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain 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 is made ready, before the learned Judicial Magistrate, Sholinganallur, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- each (Rupees Twenty Five Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fail to surrender before the concerned learned 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 10.30 a.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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 17-03-2026 rap To

1. The Judicial Magistrate, Sholinganallur.

2. The Inspector of Police, Semmenchery Police Station, Tambaram District.

3. The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

rap 17-03-2026