Anbalagan v. State Of Tamilnadu Rep By Inspector Of Police, Rajathani

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.18695 of 2025 1.Anbalagan 2.Kottaichamy 3.Rasathi 4.Vijayarani ... Petitioners/Accused Nos.1 to 4 Vs.

State of Tamil Nadu, Rep. By its Inspector of Police, Rajathani Police Station, Theni District.

(Crime No.271 of 2025) ... Respondent/Complainant For Petitioners : Mr.J.Selvam 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.271 of 2025 on the file of the respondent police.

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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 126(2), 296(b), 132 and 351(2) of BNS, in Crime No.271 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that when the defacto complainant and his sub-ordinates involved themselves in removing the encroachment in S.No.l317 and S.No. 1237 situated at Mottanuthu Village, Andipatti Taluk, Theni District., on 10.10.2025, the petitioners restrained them and abused them in foul language. The petitioners criminal intimidated the defacto complaint. Hence, a case has been registered as against the petitioners. 3.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the encroachment was removed based on the order 2/6

passed by this Court. When the officials went for removing the encroachment, the petitioners have restrained them from doing their work. Further, they have used abusive words and tried to hit the officials.

5. The learned Government Advocate (Crl. side) appearing for the respondent produced a video footage wherein the petitioners 1 and 2 are seen in the act. However, the video footage is not showing the petitioners 3 and 4. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners 3 and 4 with certain conditions.

6.Accordingly, the petitioners 3 and 4 are ordered to be released on bail in the event of arrest or on their appearance, 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 learned Judicial Magistrate, Andipatti, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that: [a]the petitioners 3 and 4 and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a 3/6

copy of their Aadhaar card or bank pass book to ensure their identity. [b]the petitioners 3 and 4 shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required. [c]the petitioners 3 and 4 shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioners 3 and 4 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 petitioner is 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].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

7.Taking into consideration the facts and circumstances of the case and also the video footage produced by the learned Government Advocate (Crl. side), this Court is not inclined to grant anticipatory bail to the petitioners 1 and 2 at this stage.

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8. Accordingly, this Criminal Original Petition is dismissed as far as the petitioners 1 and 2 are concerned.

28.10.2025 TMG TO

1. The learned Judicial Magistrate, Andipatti.

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

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

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.18695 of 2025 Date : 28.10.2025 6/6