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Madras High CourtCRL OP(MD)/11339/2025allowed

Selvarani v. The State Of Tamil Nadu

2025-07-07Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD). No.11339 of 2025 1.Selvarani, W/o.Krishnan 2.K.Krishnan, S/o.Karupanna Gounder 3.Gowri Sankar, S/o.Krishnan 4.Ramesh, S/o.Velusamy 5.Saraswathi, W/o.Velusamy ... Petitioners/A1 to A5 Vs The State of Tamil Nadu, Rep. by the Sub Inspector of Police, Kallimanthayam Police Station, Dindigul District.

(Crime No.128 of 2025) ... Respondent/Complainant

For Petitioners :

Mr.J.Balameenakshi, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.128 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(3), 296(b) and 118

(1) of BNS, 2023 in Crime No.128 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to civil dispute, the petitioners unlawfully assembled and attacked the de-facto complainant. Hence, the present case.

3. The learned counsel for the petitioners submitted that it is a case, case in counter. The petitioners are agriculturists. On 29.06.2025, while the petitioners were engaged in agricultural work on their property, the de-facto complainant, along with 20 others, illegally trespassed onto their land, created a dispute, and also

attacked them. Hence, a case has been registered against the de-facto complainant in Crime No.130 of 2025 on the file of the respondent police. He submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Criminal Side) submitted that the injured has been discharged from the hospital. He further submitted that there are no previous cases registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also taking note of the fact that it is a case, case in counter, and that the injured has been discharged from the hospital, and that there are no previous cases registered against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Oddanchathiram, Dindigul District on condition that the petitioners shall 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Oddanchathiram, Dindigul District and on further conditions that: (a) the petitioners and 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 petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Oddanchathiram, Dindigul District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Oddanchathiram, Dindigul District; (c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

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

(e) the petitioners shall not abscond either during investigation or trial; (f) 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; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

Sd/- 07.07.2025 // True Copy // / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate, Oddanchathiram, Dindigul District.

2. Do through the Chief Judicial Magistrate, Dindigul District.

3.The Sub Inspector of Police, Kallimanthayam Police Station, Dindigul District.

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

+1cc M/s.J.Balameenakshi, Advocate S.R.No.7214 Dated. 07/07/2025

ORDER

IN CRL OP(MD) No.11339 of 2025 Date : 07/07/2025 CT (23/07/2025) 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023