Hariharan v. State Of Tamilnadu Rep By Inspector Of Police, V.K.Pudur
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.11.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY CRL OP(MD)No.20448 of 2025
1. Hariharan
2. Uthirachamani @ Sureshkumar
3. Arun Muthusamy ... Petitioners/ Accused Vs The State of Tamil Nadu Represented by The Inspector of Police, V.K.Pudur Police Station, Tenkasi District.
(Crime No.273 of 2025) ... Respondent For Petitioners : Mr.S.Velrajan For Respondent : Mr.E.Antony Sahayar Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act 2023.
PRAYER :-For Anticipatory Bail in Crime No.273 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 7 of Protection of Civil Rights Act, 1955, in Crime No.273 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant tried to construct a dinning hall in Thayar Thoppu village in Old Survey No. 54, New Survey No.304 belongs to the Government Sarkar poramboke land. In these circumstances, the petitioners are being the local administrators of the said village are collecting donation for the purpose of constructing a building in the said survey number. Therefore, the defacto complainant sent various complaints to the concerned authorities for taking necessary steps. Further, the motive hatched between the petitioners and the defacto complainant. On 29.10.2023, the village meeting has been conducted by the Vllageers including the petitioners wherein, the decision has been taken that the defacto complainant and his mother socially excluded from the village and also allegedly prevented to collecting local vari from the defacto complainant from the village 2/6
affairs, thereby, committing the un-touchability by violating the defacto complainant's civil rights. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that due to some dispute, a false case has been given. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.
4. The learned Additional Public Prosecutor submitted that there are no previous case pending against the petitioners and no one was sustained injuries. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the fact that no one was sustained injuries, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 3/6
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Alangulam, Tenkasi, 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 and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioners shall report before the respondent police as and when required for interrogation.
[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners shall not abscond either during investigation or trial.
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[e]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 are 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.
(S S Y J) 18.11.2025 msrm To 1.The Judicial Magistrate Court, Alangulam, Tenkasi.
2.The Inspector of Police, V.K.Pudur Police Station, Tenkasi District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J msrm
ORDER
IN 18.11.2025 6/6