Nagaraj @ Nagarajan v. State Of Tamilnadu Rep By Inspector Of Police, Uthapanaickanur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL 1.Nagaraj @ Nagarajan 2.Devaraj 3.Kubendran 4.Kumar 5.Alagarsamy 6.Soundharapandi 7.Thamayanthi 8.Lakshmi 9.Muthu @ Muthulakshmi 10.Alagarsamy 11.Kannaki

...Petitioners/

A1 to A5, A7 to A12 Vs State of Tamil Nadu rep. by The Inspector of Police, Uthapanaickanur Police Station, Madurai District.

(Crime No.53 of 2026) ..Respondent For Petitioners :Mr.M.Divakaran For Respondent :Mr.P.Kottai Chamy Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/8

PRAYER :- For Anticipatory Bail in Cr.No.53 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A5, A7 to A12, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 329(4), 191(2), 191(3), 296(b), 115(2), 118(1) and 351(3) of BNS, 2023, in Crime No.53 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 25.03.2026, due to dispute regarding the encroachment of land, the petitioners and other accused persons trespassed into the defacto complainant's housed abused her in filthy language and also assaulted her and her family members with hands and caused injuries. Hence, the case.

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3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they were falsely implicated in this case and they are no way connected in the above said incident. He would further submit that it is a case in counter case. a counter complaint has been registered against the defacto complainant in Crime No.54 of 2026. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the investigation is pending and the offences are grave in nature and the injured persons have been discharged from the hospital and the petitioner 4 and 10 have one previous case and the petitioners 1 to 3, 5 to 9 and 11 have no previous cases. However, he opposes to grant anticipatory bail to the petitioners.

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5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioners and there was a dispute between the parties regarding the encroachment of the land and the counter complaint has been registered against the defacto complainant in Crime No.54 of 2026 and the petitioners 1 to 3, 5 to 9 and 11 have no previous cases and though the petitioners 4 and 10 have one previous case, the same is not similar kind of offence and they were released on bail and also considering the fact that the injured persons have been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

[a] Accordingly, the petitioners are 4/8

ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Usilampatti, and on further conditions that:

[b] the petitioners shall report before the respondent police once in a week ie., on Every Saturday at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioners shall not commit any offences of similar nature.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during 5/8

investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused/petitioners thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 06.04.2026 vsg 6/8

To 1.The learned Judicial Magistrate No.II, Usilampatti.

2.The Inspector of Police, Uthapanaickanur Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 6560 of 2026 Date : 06.04.2026 8/8