S.N.Shankaran v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2025
CORAM
THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Crl.O.P.Nos.14929 and 15011 of 2025 S.N.Shankaran ... Petitioner (Crl.OP.No.14929 of 2025) Seenu @ Srinivasan ... Petitioner (Crl.OP.No.15011 of 2025) Vs.
State, represented by, The Inspector of Police, C-1, Uthukottai Police Station, Thiruvallur District.
... Respondent (in both Crl.OPs') COMMON PRAYER: Criminal Original Petitions filed under Section 482 of B.N.S.S., 2023 to enlarge the petitioners on bail in the event of their arrest in Crime No.106 of 2025 on the file of the respondent police. For Petitioners : Mr.V.Janarthanan (in Crl.OP.No.14929 of 2025) : Mr.P.Chandra Sekar (in Crl.OP.No15011 of 2025) For Respondent : M/s.A.Gopinath Government Advocate (Crl.Side) (in both Crl.OPs') 1/5
COMMON ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 329(3), 351(3), BNS Act 2023 and Section 3(1) of TNPPDL Act in Crime No.106 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the petitioners have trespassed into defacto complainant's land and damaged the compound wall (constructed compound wall) worth about Rs.5,00,000/-. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they are ready to abide by any condition imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.
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4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the arguments from both sides, the nature of the offence and also considering all other aspects, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
7. Accordingly, these Criminal Original Petition stands allowed and the petitioners are ordered to be released on anticipatory 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 District-Cum-Judicial Magistrate, Uthukottai on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: 3/5
(a) the petitioners shall report before the respondent police every day at 10.30 a.m., for a period of two weeks and thereafter as an when required for interrogation .
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners shall not abscond either during investigation or trial.
[d] 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].
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.
22.05.2025 Vv 4/5
N.SENTHILKUMAR ,J.
Vv To
1. The District-Cum-Judicial Magistrate, Uthukottai
2. The Inspector of Police, C-1, Uthukottai Police Station, sThiruvallur District.
3.The Public Prosecutor, High Court of Madras.
Crl.O.P.No.14929 and 15011 of 2025 22.05.2025 5/5