Chinnayan v. The State Of Tamilnadu Rep By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.17984 of 2025
1. Chinnayan
2. Siva ... Petitioners/A-1 & 2
Versus
The State of Tamilnadu, Rep by the Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.
(Crime No.295 of 2025) ... Respondent/Complainant For Petitioners : Mr.B.Jameel Arasu For Respondent : Mr.S.S.Manoj Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.295 of 2025 on the file of the respondent police.
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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 296(b), 132 and 351(2) of BNS, 2023, in Crime No.295 of 2025, seek anticipatory bail.
2. The case of the prosecution is that the property in S.No.177/23 belongs to the Government, and there was an encroachment on the said property. In compliance with the orders of this Honourable High Court, the officials removed the encroachment from the said land. The petitioners allegedly intercepted the officials, prevented them from discharging their official duties, and threatened them. Hence, the case.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the 2/6
respondent Police submits that the petitioners allegedly intercepted the officials, prevented them from discharging their official duties, and threatened them. Therefore, he opposed for grant of anticipatory bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case and also considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners.
6. 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 Judicial Magistrate Court No.II, Kumbakonam, Thanjavur 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 Magistrate concerned and on further conditions that: 3/6
(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 report before the respondent police daily at 10.30 a.m for a period of one week and thereafter, 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) 16.10.2025 jbr To
1. The Judicial Magistrate No.II, Kumbakonam, Thanjavur District.
2. The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur 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.17984 of 2025 Date : 16.10.2025 6/6