Muniraj v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL O.P NO.9577 of 2025

1. Muniraj S/o. Mariyappa

2. Ravi S/o. Siddhappa ....Petitioners/Accused 1 and 2 Vs The State represented by The Inspector of Police, Hosur Police Station, Krishnagiri District.

....Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.84 of 2025, on the file of the respondent police.

For Petitioners : Mr. Jawahar Balasundaram For Intervener : Mr.C.T. Murugappan For Respondent : Mr. S. Santhosh Government Advocate (Crl. Side) 1/6

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 329(1), 296(b), 351(2), 340(2), 318(4) of BNS, in Crime No.84 of 2025, on the file of the respondent police, seek anticipatory bail.

2.

The case of the prosecution is that there was a property dispute between the petitioners and the de facto complainant; that when the de facto complainant went to fence the disputed property, the petitioners and others abused the de facto complainant and his friend in filthy language and prevented them from fencing the property.

3. The learned counsel appearing for the petitioner would submit that a false complaint has been lodged against the petitioners; that the petitioners own a portion of the property; and that in any case custodial interrogation of the petitioners is not required and sought for anticipatory bail to the petitioners.

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4. The learned counsel for the de facto complainant, however, vehemently opposed to grant of anticipatory bail stating that the property belongs to the de facto complainant and that the petitioners are preventing the de facto complainant from enjoying the property in a peaceful manner and had committed the aforesaid offence.

5. The learned Government Advocate(Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the the investigation is pending.

6. Considering the nature of allegations, this Court is of the view that custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners with 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No. II, Krishnagiri, on condition that each of the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 3/6

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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and 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 daily at 10.30. a.m., until further orders.

[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 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 4/6

P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

07.04.2025 bga To

1. The Judicial Magistrate No.II, Krishnagiri

2. The Inspector of Police, Hosur Police Station, Krishnagiri District

3. The Public Prosecutor, High Court, Madras. 5/6

SUNDER MOHAN, J.

bga Crl.O.P. No.9577 of 2025 07.04.2025 6/6