Ganapathi v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 16432 of 2025 1.Ganapathi 2.Shanthi 3.Karthick ..Petitioners/A3, A7 and A8 Vs State Of Tamilnadu, Rep By The Inspector Of Police, District Crime Branch, Ramanathapuram District.
(Crime No.17 of 2021) Respondent(s) For Petitioner(s):
Mr.C.Senthil Murugan For Respondent(s):
Mr.S.S.Manoj, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.17 of 2021 on the file of the Respondent Police. 1/8
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 468, 471 and 477 of IPC, in Crime No.17 of 2021, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to civil dispute, the petitioners and other accused persons encroached the portion of the land and threatened the defacto complainant. Hence, a case was registered.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He, however, submitted that the petitioners are willing to abide by any conditions that may be 2/8
imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. side) submitted that it is a civil dispute and there are no previous cases pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that there are no previous cases pending against the petitioners and it is a civil dispute, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
6. Accordingly, this petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their 3/8
appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Special Court for Land Grabbing Cases, Ramanathapuram, 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate Special Court for Land Grabbing Cases, Ramanathapuram, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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;
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(b)the petitioners shall furnish their residential addresses and mobile numbers to the learned Judicial Magistrate Special Court for Land Grabbing Cases, Ramanathapuram. In the event of any change in their residential addresses, the petitioners shall report the same to the learned Judicial Magistrate Special Court for Land Grabbing Cases, Ramanathapuram;
(c) the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation;
(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(f) the petitioners shall not abscond either during investigation or trial;
(g) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate 5/8
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;
(h) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
26.09.2025 ksa 6/8
To 1.The learned Judicial Magistrate Special Court for Land Grabbing Cases, Ramanathapuram.
2.The Inspector Of Police, District Crime Branch, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY.J., ksa Crl.O.P.(MD).No.16432 of 2025 Date : 26.09.2025 8/8