Gunaseelan v. State, Rep. By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN

1. Gunaseelan

2. Selvam

3. Banumathi ... Petitioners Vs.

The State represented by, The Inspector of Police, Needamangalam Police Station, Thiruvarur District Crime No.154 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in connection with Crime No. 154 of 2025 on the respondent police. For Petitioners :

M/s.P.Ponbalaji For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 329(3), 324(4) and 303(2) of BNS, 2023 in Crime No. 154 of 2025, on the file of the respondent police, seek 1/5

anticipatory bail.

2. The case of the prosecution is that the petitioners along with one Natarajan have trespassed the defacto complainant's land and cut down two trees worth of Rs.30,000/-. Hence, the case.

3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case. He submits that the petitioners have not committed any offence as alleged by the prosecution. He also submits that the petitioners are ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for their release. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.side) for the respondent police submits that petitioners have trespassed the defacto complainant's land and stolen two neem trees worth of Rs.30,000/-. He also states that no previous case is pending against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Considering the above facts and circumstances of the case, submissions made by learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions:- 2/5

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on or before 22.08.2025, before the learned District Munsif cum Judicial Magistrate, Needamangalam on condition that the petitioners shall execute a separate 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] if the petitioners fails to surrender before the concerned Magistrate on or before 22.08.2025, this Order shall stand automatically cancelled;

[b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [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 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 action against the petitioners in accordance with law as if the conditions have been 3/5

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 of BNS.

14.08.2025 nr To 1.The District Munsif cum Judicial Magistrate, Needamangalam The Inspector of Police, Needamangalam Police Station, Thiruvarur District

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

nr 14.08.2025 5/5