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Madras High CourtCRL OP(MD)/16648/2025granted

Krishnaveni v. The State Of Tamil Nadu

2025-10-28Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.16648 of 2025

1. Krishnaveni

2. Renuka Devi

3. S.Meenakshi

4. Senthilkumar

5. Bangaru

6. Kannan ... Petitioners/A1 to A6

Versus

1. The State of Tamilnadu, Represented by the Inspector of Police, Natham Police Station, Dindigul District.

(Crime No.435 of 2025)

2. The Town Surveyor, Natham Taluk, Dindigul District.

... Respondent/Complainant (R-2 is suo motu impleaded as per order of this Court dated 26.09.2025 in Crl.O.P.(MD)No.16648 of 2025) 1/7

For Petitioners : Mr.M.Rajarajan For R-1 : Mr.S.S.Manoj Government Advocate (Crl. Side) For R-2 : Mr.A.Oliraja Government Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.435 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 329(3), 118(1), 351(2) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.435 of 2025, seek anticipatory bail.

2. The case of the prosecution is that on 19.09.2025 at about 9.30 a.m. in order to obstruct the defacto complainant's son from constructing 2/7

his house, the petitioners entered the construction site with deadly weapons and attacked the defacto complainant with stones. Hence, the case.

3. The learned counsel appearing for the petitioners submits that with an oblique motive and as a counterblast to the criminal complaint made by the petitioners the false complaint has been lodged against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police submits that the petitioners entered the construction site with deadly weapons and attacked the defacto complainant with stones.

5. This Court has already directed to survey the property. It is reported that the survey was conducted with the assistance of the Town Surveyor, and already there is a suit between the defacto complainant and the petitioners and the same is pending. In view of the same, if any 3/7

offence is made out based on the facts and circumstances of the case, the respondent is directed to proceed in accordance with law.

6. Taking into consideration of the facts and circumstances of the case and also considering the nature of offence, the interim anticipatory bail already granted is made absolute and this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Natham, 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 Magistrate concerned and on further conditions that:

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(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 4 and 6, shall report before the respondent police daily at 10.30 a.m for a period of one week and thereafter, as and when required. The petitioners 1 to 3 and 5 shall report before the respondent police as and when required for interrogation.

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners 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 petitioner 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 abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 28.10.2025 jbr To

1. The Judicial Magistrate, Natham.

2. The Inspector of Police, Natham Police Station, Dindigul District.

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

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.16648 of 2025 Date : 28.10.2025 7/7