R.Gandhi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI 1.R.Gandhi 2.R.Kathirvel 3.Mahalakshmi 4.Revathi : Petitioners/A1 to A4 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Palanichettypatti Police Station, Theni District.

(Crime No.249 of 2025) : Respondent/Complainant For Petitioners : Mr.R.Murugan, 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.249 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the 1/5

respondent police for the offences punishable under Sections 296(b), 351(2) and 303

(2) of BNS, in Crime No.249 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the owner of the property situated in Survey Nos.399/9 and 397/3, having purchased the same from one Gandhi and others in the year 2002. Since then, he has been in possession and enjoyment of the said property. With an intention to grab the said property, the petitioners, along with other accused persons, trespassed into the property, caused damage to various items in the field, and instigated a quarrel with the workers employed therein and a notice board valued at Rs.8,000/-, which had been installed in the field, was reportedly uprooted by the petitioners during the night hours. Subsequently, on 06.08.2025, the petitioners 1 and 2 allegedly waylaid the defacto complainant, abused him in filthy language and threatened him with dire consequences.

Based on which, the present complaint has been lodged. 3.The learned counsel for the petitioners submits that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. The defacto complainant is not owner of the property and one Rajammal mother of the petitioners 1 to 3 was the owner of the property. The said Rajammal executed an unregistered Will, dated 31.03.

W/o.Nagaraj and Mahalakshmi W/o.Ganesan/3rd petitioner herein. The fourth petitioner is the daughter of the said Sarathamani. He further submits that the petitioners are ready and willing to abide any conditions that may be imposed by this Court and seek anticipatory bail.

4. The learned Government Advocate (Criminal Side) for the respondent police submits that there was a property dispute between the parties, due to which, the petitioners entered into the defacto complainant's property and caused damages to the things. He further submits that no one was injured in this incident and the investigation is pending. However, he opposed to grant anticipatory bail to the petitioners.

5.Considering the facts and circumstances of the case and also the facts that it appears to be a civil dispute between the parties and no one was injured in this incident and the occurrence had taken place on 08.06.2025, by this time most of the investigation might have been completed, 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, Theni, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees 3/5

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, Theni 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, Theni. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Theni;

(c) the petitioners 1 and 2 shall report before the respondent police daily at 10.30 a.m., and the petitioners 3 and 4 shall report before the respondent police weekly once (ie., on every Sunday) 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 4/5

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/- 05/08/2025 / TRUE COPY / / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.The Judicial Magistrate, Theni.

2.The Inspector of Police, Palanichettypatti Police Station, Theni District.

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

+1 CC to M/s.R.MURUGAN, Advocate ( SR-8422[I] dated 05/08/2025 ) ORDER IN CRL OP(MD) No.12935 of 2025 Date :05/08/2025 SBN/29.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5