P.Kolanjchi v. State Through

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.09.2025

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.20363 of 2025 1.P.Kolanjchi 2.K.Selvi ... Petitioners/A1&A2 Vs.

State through The Inspector of Police, Irumbulikurichi Police Station, Ariyalur District.

(Crime No.96 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioners on bail in the event of their arrest in Crime No.96 of 2023 pending investigation on the file of the respondent police. For Petitioners : Mr.C.Vadivel For Respondent : Mr.Udayakumar Government Advocate (Crl.Side) **********

O R D E R

The petitioners, who apprehend arrest for the alleged offences under Sections 294(b), 427 & 506(ii) of I.P.C in Crime No.96 of 2023 on the file of the respondent police, seeks anticipatory bail. 1/6

2.The case of the prosecution, as per the defacto complainant, is that the petitioners along with other accused persons are alleged to have picked up a quarrel with the de-facto complainant's mother, namely Chinthamani, in connection with a land boundary dispute. It is further alleged that the third accused damaged the boundary stones erected in front of the de-facto complainant's house, valued at Rs.5000/-, and abused the de-facto complainant's mother using filth language. Hence, the present case was registered.

3.The learned counsel appearing for the petitioners submits that they have no way connected with the alleged occurrence and they have been falsely implicated in this case. However, the learned counsel, on instructions, further submits that the petitioners, without prejudice to their rights, are ready to deposit some amount to the credit of the crime number as imposed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) vehemently opposed for granting anticipatory bail to the petitioners. 2/6

5. Considering the facts and circumstances of the case and that the petitioners on their own volition, is ready to deposit some amount to the credit of the crime number, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No.96 of 2023, within a period of fifteen (15) days and on such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate at Sendurai on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 and on further condition that:

(a)the petitioner are directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No.96 of 2023 before the concerned Magistrate within a period of fifteen (15) days and the de-facto complainant is permitted to withdraw the said deposit amount of Rs.5,000/- on proper 3/6

identification and acknowledgment and give to the affected children.

(b)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c)the petitioners are directed to appear before the respondent police every Saturday at 10.30 a.m for a period of eight weeks and thereafter as and when required for interrogation;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial; (e)the petitioners shall not abscond either during investigation or trial;

(f)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 anticipatory 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]; and;

(g)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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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 the official website of this Court will be watermarked and will also have a QR code.

To

1. The Inspector of Police, Irumbulikurichi Police Station, Ariyalur District.

2.The Judicial Magistrate, Sendurai.

3. The Public Prosecutor, High Court of Madras.

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T.V.THAMILSELVI,J.

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