Dhanakalshmi v. The State Rep. By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.26012 of 2025 Dhanalakshmi ... Petitioner Vs.
The State rep. by Inspector of Police, R.K.Pet Police Station, Tiruvallur District.
... Respondent (Cr.No.299 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of her arrest in Crime No.299 of 2025 on the file of the respondent police. For Petitioner : Mr.Jawahar Balasundaram For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest for the alleged offence under Sections 132, 353 and 79 of BNS in Cr.No.299 of 2025 on the file of the respondent police seeks anticipatory bail.
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2. The allegation against the petitioner is that while objecting to the land survey conducted by the defacto complainant and he also abused her with false allegations. Hence, the present complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner, who is in possession of land, was forcibly evicted from it by the defacto complainant. Due to which, they have objected to conduct the land survey. Hence, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and reported that the petitioner is having no previous case. However, he opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case and the submissions made by both counsel, and taking note of the fact that there is no previous case as against the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial 2/5
Magistrate, Pallipet on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:
(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) 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 identify proofs to ensure their identity; (c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of one week and thereafter, 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 actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on 3/5
anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
22.09.2025 Vv To
1. The Judicial Magistrate, Pallipet.
2. The Inspector of Police, R.K.Pet Police Station, Tiruvallur District.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
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K.RAJASEKAR , J.
Vv Crl.O.P.No.26012 of 2025 22.09.2025 5/5