D.Lawranceraja v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 26146 of 2025 1.D.Lawranceraja 2.Sakthivel 3.Muthu Petitioners Vs The State rep. by The Inspector of Police Thakkolam Police Station Ranipet District Crime No. 243 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest pending investigation in Cr.No. 243 of 2025 on the file of the respondent police.

For Petitioner : Mr.P.Parthipan For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side) ----

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 329(3), 324(2) of BNS and Section 3(1) of TNPPDL Act, in Crime No. 243 of 2025, on the 1/6

file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioners is that there was wordy quarrel between the petitioners and the de-facto complainant regarding "property dispute". The petitioners had trespassed into the agricultural land of the de-facto complainant and damaged the fencing. Hence the complaint.

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 they have not committed any offence as alleged by the prosecution. He also submits that this case is a case-in-counter. 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 (Criminal side) for the respondent police, reiterated the prosecution case and submits that case-incounter is also registered and no one has been injured. However, he opposed for grant of anticipatory bail to the petitioners.

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

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6. Considering the facts and circumstances of the case and the submissions made by learned counsels on either side and considering the nature of allegations, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Arakkonam, on condition that the petitioners 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 of the learned Magistrate concerned and on further condition that:

(a) If the petitioner fails to surrender before the concerned Magistrate, within a period of fifteen 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 the identity proofs to ensure their identity;

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[c] the petitioner shall report before the respondent Police daily 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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];

e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 23.09.2025 MSM 4/6

K.RAJASEKAR , J.

MSM To 1.The Judicial Magistrate No.II, Arakkonam, , 2The Inspector of Police Thakkolam Police Station Ranipet District Crime No. 243 of 2025.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No. 26146 of 2025 23.09.2025 5/6