D Poovendran v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.28435 of 2025 D.Poovendran ... Petitioner

Versus

State rep. by The Inspector of Police, Madukkarai Police Station, Coimbatore.

(Crime No.356 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent police in Crime No.356 of 2025 on the file of the respondent police.

For Petitioner :

Mr.Nirmalkrishnan For Respondent :

Mr.S.Udaya Kumar, Government Advocate (Crl. Side) For Intervener : Mr.S.K.Bharathmohan

O R D E R

The petitioner, who apprehends arrest by the hands of the respondent police for the offences punishable under Sections 296(b), 329(3), 324(2), 351(3) of BNS 2023, in Crime No.356 of 2025, seeks anticipatory bail. 1/6

2.The case of the prosecution is that the petitioner along with other accused illegally trespassed into the agricultural land of the defacto complainant, abused him in filthy language and damaged the property to the tune of Rs.10,000/-. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has no connection in the alleged crime. He further submitted that the petitioner filed a civil suit against the defacto complainant in O.S.No.1096 of 2025 pending before the I Additional District Judge, Coimbatore. Due to political influence, a false case has been foisted against the petitioner. the petitioner is an innocent person and that he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation is at initial stage and that the petitioner has no previous case pending against him.

5. The learned counsel for the intervener submits that the petitioner trespassed into the disputed property along with his henchmen and caused damage to the tune of Rs.10,000/-. Hence, he opposes to grant anticipatory 2/6

bail to the petitioner.

6. In reply, the learned counsel for the petitioner would submit that without prejudice the petitioner is prepared to deposit a sum of Rs.15,000/- to the credit of Crime Number and hence he prays for grant of anticipatory bail to the petitioner.

7.Heard the learned counsel for the petitioner, learned counsel for the intervener as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

8.Considering the submissions made on both sides and and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.15,000/- to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 9.Accordingly, the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Crime Number 356 of 2025 and on such deposit and on receipt of proof of payment, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Madukkarai, Coimbatore District, on condition that the 3/6

petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

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

(e) 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 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;

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

17.10.2025 drl To 1.The District Munsif cum Judicial Magistrate, Madukkarai, Coimbatore District.

2. The Inspector of Police, Kariyalur Police Station, Kallakurichi District.

3.The Public Prosecutor, High Court, Madras.

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K.RAJASEKAR, J.

drl CRL.O.P.No.28435 of 2025 17.10.2025 6/6