P.Ramasamy v. The State Of Tamil Nadu, 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 1.P.Ramasamy 2.N.Janaki 3.Anu Raghav ... Petitioners Vs.

State rep by The Inspector of Police, Puliyampatti Police Station, Erode District.

(Crime No.111 of 2025) ... Respondent PRAYER: This criminal original petition has been filed under Section 482 of BNSS to enlarge the petitioner on anticipatory bail in Crime No.111 of 2025 pending investigation on the file of the respondent police. For Petitioners : Mr.M.Roshan Atiq For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) 1/6

ORDER

This Criminal Original Petition has been filed by the petitioners, who apprehend arrest at the hands of the respondent, seeking anticipatory bail in Crime No.111 of 2025 registered for the offence under Section 427, 447, 506 (1) and 379 of I.P.C., 1860.

2.It is the case of the prosecution that the petitioners trespassed into the defacto-complainant's land and abused him and by using JCB, uprooted 25 neem trees worth about Rs.1,50,000/- and also threatened him with dire consequences. Hence, the case.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they had been falsely implicated in this case. He further submitted that the custodial interrogation of the petitioners is not required and sought for anticipatory bail to the petitioners. 4.Per contra, the learned Government Advocate (Criminal Side) reiterated the prosecution case and he opposed the grant of anticipatory bail to the petitioners.

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5.At this juncture, the learned counsel for the petitioners voluntarily submitted that the petitioners, in order to show their bonafide, are ready and willing to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.111 of 2025 without prejudice to their defence.

6.Heard the learned counsel on either side and perused the materials available on record.

7.Considering the nature of allegations and and the submission that the petitioners are willing to deposit an amount of Rs.50,000/- to the credit of Crime No.111 of 2025, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 8.Accordingly, the petitioners are directed to deposit a sum of Rs.50,000/- [Rupees Fifty Thousand Only] to the credit of Crime No.111 of 2025 before the trial Court, on such deposit and production of proof, the petitioners are ordered to be released on anticipatory bail on their 3/6

executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Sathyamangalam, and on further conditions 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 1st and 3rd petitioners shall appear before the jurisdictional Magistrate from Monday to Friday at 10.30 a.m., and shall appear before the respondent Police on Saturday and Sunday at 10.30 a.m. until further orders; 2nd petitioner shall appear before the respondent Police as and when required for interrogation; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness 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 4/6

himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala reported in [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

22.05.2025 ep/ata Note :

1.Registry is directed to forthwith upload this order in the official website of this Court.

2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

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N.SENTHILKUMAR , J.

ep/ata Copy to:

1.The Judicial Magistrate, Sathyamangalam.

2.The Inspector of Police, Puliyampatti Police Station, Erode District.

3.The Public Prosecutor, High Court of Madras.

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