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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

THE HON'BLE DR. JUSTICE G. JAYACHANDRAN

1. Palanisami

2. Jothiramalingam ... Petitioners/ Accused 1 & 3 Vs.

The State Represented by, The Inspector of Police, Tiruppur South Police Station, Tiruppur.

(Crime No.594 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on anticipatory bail in the event of arrest by the respondent police concerned in Crime No.594 of 2025, on the file of the respondent police. For Petitioners : Mr. P. Thinesh For Respondent : Mr. S. Vinoth Kumar Government Advocate (Crl.Side) ****** 1/6

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 324(4), 332(c) and 351(3) of BNS r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.594 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners herein had trespassed into the defacto complainant's house, picked up a wordy quarrel with the defacto complainant and caused damage to the defacto complainant's property. Hence, this case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for 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 on instruction submitted that on account of land dispute between the petitioners and the defacto complainant wordy quarrel arose and thereby, the petitioners caused damage to the defacto complainant's property. He further submitted that the investigation is pending, hence opposed the grant of anticipatory bail to the petitioners.

5. Heard the learned counsels and perused the materials available on record.

6. Considering the facts of the case and the submissions made by the learned counsel appearing on either sides, 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, on or before 02.09.2025 before the learned Judicial Magistrate No.II, Tiruppur on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 3/6

with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) each to the credit of Crime No.594 of 2025 on the file of the learned Judicial Magistrate No.II, Tiruppur on or before 02.09.2025;

[b] if the petitioners fail to surrender before the concerned Magistrate on or before 02.09.2025, this Order shall stand automatically cancelled;

[c] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [d] the petitioners shall report before the respondent police daily at 10.30.a.m., until further orders;

[e] On breach of any of the aforementioned 4/6

conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 21.08.2025 stn To

1. The Judicial Magistrate No.II, Tiruppur.

2. The Inspector of Police, Tiruppur South Police Station, Tiruppur.

(Crime No.594 of 2025).

3. The Public Prosecutor, High Court of Madras.

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Dr. G. JAYACHANDRAN, J., stn 21.08.2025 6/6