High Court · 2025

CRL OP(MD). No.4864 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 02/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.4864 of 20251. Chittu2. Gopi ... Petitioners/A2 and A5 VsThe State of Tamilnadu,Rep by the Inspector of Police, Kalaiyarkovil Police Station,Sivagangai District. Crime No. 124 /2025. ... Respondent/Complainant For petitioners : Mr.B. Santhanam Rajesh Kumar Advocate. For Respondent : Mr.S. S. Manoj Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.124 /2025 on the file of the respondent - Police.ORDER : The Court made the following order :- 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4864 of 2025This Criminal Original Petition has been filed by the petitioners on 13.03.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant an order of pre-arrest bail.2. The petitioners / accused Nos.2 and 5 apprehends arrest at the hands of therespondent-police for the offences punishable under Sections 329(2), 324(4), 303(1)(*) 191(2) of BNS, 2023, in Crime No.124 of 2025 on the file of the respondent-police.3. The case of the prosecution is that, in the year 1992, the defacto complainantpurchased land in Survey No.151/15B from the father of the first accused through asale deed and subsequently constructed a compound wall. At this juncture, a part ofthe adjacent land in Survey No.151/15A was acquired by the Government for thepurpose of extending the public pathway/road. There was a dispute between thedefacto complainant and A1 with regard to the said public pathway/road. Thedefacto complainant filed a suit in O.S.No.1 of 2024 against A1, A2 / petitioner hereinand A3 and others before the District Munsif Court, Sivagangai, seeking a declarationthat a part of the land in Survey No.151/15A, from Kalayarkovil to Silukkapati, is apublic pathway/road and for a permanent injunction, and the same is still pending.In these circumstances, on 03.03.2025, the petitioner and other accused persons, withthe help of the Head Surveyor and the revenue officials, surveyed the said land inSurvey No.151/15A and fixed the boundaries without issuing notice to or obtaining2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4864 of 2025the consent of the defacto complainant. Thereafter, the petitioner and othersdemolished the compound wall with the help of a JCB, causing damages worth aboutRs.20 lakhs, and also committed theft of 52 bundles of groundnut belonging to thedefacto complainant.4. Mr.B. Santhanam Rajesh Kumar, the learned counsel for the petitioners,submits that the petitioners are innocent person, they have not committed anyoffence as alleged by the prosecution, and they have been falsely implicated in thiscase. He further submits that co-accused has already been released on bail vide order,dated 24.03.2025 in Crl.O.P(MD).No.5425 of 2025. He, however, submits that thepetitioners are ready to abide by any conditions to be imposed by this Court. Hetherefore prays for grant of pre-arrest bail to the petitioners.5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Crl. side)appearing for the respondent-police submits that the petitioners, along with otheraccused persons, trespassed into the land of the defacto complainant and causeddamage to the wall and other buildings worth about Rs.3,00,000/-, and alsocommitted theft of 52 bags of groundnut. He further submits that the investigation ofthe case is still pending and therefore, at this stage, if the petitioners is granted pre-arrest bail, they may abscond, commit similar offence and tamper with the evidence.Hence, he prays to dismiss this Criminal Original Petition.3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4864 of 20256. Heard on both sides. This Court has perused the records. 7. In view of the offence alleged against the petitioners and that the co-accusedhas already been released on bail, this Court is of the view that custodialinterrogation of the petitioners is not necessary in this case. The petitioners havepermanent residence and deep roots in the society and therefore, there is lesspossibility for absconding. Considering the same, and also considering the nature ofallegation against the petitioners, and with a view to give an opportunity to thepetitioners to reform themselves, this Court is inclined to grant an order of pre-arrestbail to the petitioners subject to the following conditions.(i) The petitioners shall be released on pre-arrest bail in the event of their arrestor in the event of their surrender before the learned Judicial Magistrate No.I,Sivagangai, Sivagangai District, within a period of 15 days from the date on whichthe order copy is made ready, on executing a bond for a sum of Rs.10,000/- (RupeesTen Thousand only) each along with two sureties each for a like sum of Rs.10,000/-(Rupees Ten Thousand only) to the satisfaction of the said Magistrate. (ii) The petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty FiveThousand only) each to the credit of Crime No.124 of 2025 before the learned JudicialMagistrate No.I, Sivagangai, Sivagangai District, without prejudice to their rightsand contentions before the trial Court and produce the receipt/acknowledgment4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4864 of 2025before the concerned Court while executing sureties. On such deposit, the saidMagistrate is directed to deposit the said amount in any one of the NationalizedBanks in a fixed deposit scheme for a period of one year and thereafter, renew thesame till the conclusion of trials. The Magistrate / Trial Court can decide theentitlement of said deposit money on its final order / Judgment. (iii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one ofidentity proofs to ensure their identity.(iv) The petitioners shall appear and sign before the respondent-police weeklytwice (i.e., on Monday and Friday) at 10.30 a.m., and 05.00 p.m., until further orders.(v) The petitioners shall make themselves available for interrogation by a policeofficer as and when required.(vi) The petitioners shall not, directly or indirectly, make any inducement,threat or promise to any person acquainted with the facts of the case so as todissuade them from disclosing such facts to the Court or to any police officer.(vii) The petitioners shall not leave India without the previous permission ofthe Court.5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4864 of 2025(viii) The petitioners shall not enter into the defacto complainant's house or hiswork place.(ix) The petitioners shall furnish his residential address and mobile number tothe concerned Magistrate.(x) The petitioners shall not, directly, or indirectly, cause threat to the defactocomplainant and tamper with the evidence. (xi) On breach of any of the aforementioned conditions, the learned JudicialMagistrate or Trial Court, as the case may be, is entitled to pass appropriate ordersagainst the petitioners in accordance with law as if the aforementioned conditions areimposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. Stateof Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 02/04/2025(*)Corrected as per Order of this Hon'bleCourt dated 23.04.2025 in Crl OP(MD).No.4864 of 2025. / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4864 of 2025TRP TO BE SUBSTITUTED WITH THE ORDER DATED 02.04.2025TO1. THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI, SIVAGANGAI DISTRICT.2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI.3. THE INSPECTOR OF POLICE, KALAIYARKOVIL POLICE STATION,SIVAGANGAI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.4864 of 2025 Date :02/04/2025PP/SAR. /29.04.2025/7P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 7/7