CRL OP NO. 452 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-01-2025 CORAM THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO.452 of 2025 1. SRINIVASAN 2.DINESH 3.SELVAM @ MUTTAISELVAM 4.PARASURAMAN 5.KARMUGILAN 6.SEDHURAMAN Petitioner(s) Vs State Rep By Inspector Of Police, Nanilam Police Station, Tiruvarur District. Cr.No.375 Of 2024. Respondent(s) For Petitioner(s): Mr.T.Muruganantham For Respondent(s): Mr.J.Nandagopal Ms.J.Jyothi for Intervener : Mr.S.Santhosh, Government Advocate (Crl. side) ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 108 of the Bharatiya Nyaya Sanhita, 2023, (B.N.S.), in Crime No.375/2024, on the file of the respondent police, seek anticipatory bail. Page No.1 of 6 https://www.mhc.tn.gov.in/judis CRL OP NO. 452 of 2025 2. The case of the prosecution as per the de-facto complainant is that there was a previous enimity between the accused and her husband. The accused allegedly abused the de-facto complainant's husband, stating that he had encroached upon a property by creating a fabricated Patta. The accused also conducted a protest, displaying placards, and flex boards against him. Further, the accused allegedly threatened and demanded Rs.10 Lakhs from the deceased to withdraw the allegations against them. Humilated by these actions, the de-facto complainant's husband committed suicide by consuming poisonous substances. Hence, this case. 3. Learned counsel for the petitioners submits that the petitioners are innoncent and have been falsely implicated in this case. The de-facto complainant's husband had allegedly encroached upon a property by creating a fabricated Patta. When the petitioners questioned him, the de- facto complainant's husband refused to relinquish his claim over the property, the petitioners conducted a protest against him. Due to that impact, the de-facto complainant's husband committed suicide. He further submitted that the allegations do not make out a case of abetment, and the Page No.2 of 6 https://www.mhc.tn.gov.in/judis CRL OP NO. 452 of 2025 petitioners are unnecessarily implicated in this case. He also stated that the petitioners are willing to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays that anticipatory bail be granted to the petitioners. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed for granting anticipatory bail to the petitioners. He stated that the petitioners conducted a protest against the de-facto complainant by holding banners, which humilated the de-facto complainant's husband, leading him to commit suicide by consuming pesticides. Further, he submitted that the investigation is ongoing. 5.The learned counsel appearing for the intervener/ de-facto complainant has vehemently opposed granting anticipatory bail to the petitioners. 6. Having heard the learned counsel for the petitioners, learned counsel appearing for the intervener, and the learned Government Advocate (Crl. Side) appearing for the respondent Police and also Page No.3 of 6 https://www.mhc.tn.gov.in/judis CRL OP NO. 452 of 2025 perused the materials available on record, including the First Information Report. 6. Taking into consideration of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Nannilam, on condition that the petitioner shall execute 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond Page No.4 of 6 https://www.mhc.tn.gov.in/judis CRL OP NO. 452 of 2025 and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [c] the petitioners shall stay at Chennai and report before the Thirumangalam Police Station on everyday at 10:30 A.M., for a period of four weeks and thereafter, the petitioners shall appear before the Thirumangalam Police Station on every Saturday at 10:30 A.M., until further orders; [d] the petitioners shall not tamper with evidence or witness either during the investigation or during the trial; [e] the petitioners shall not abscond either during the investigation or during the trial; [f] 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 were 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] [g] If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 23-01-2025 (1/3) klt Page No.5 of 6 https://www.mhc.tn.gov.in/judis CRL OP NO. 452 of 2025 A.D. JAGADISH CHANDIRA, J. klt To 1. The Inspector Of Police, Nanilam Police Station, Tiruvarur District. Cr.No.375 Of 2024. CRL OP NO.452 of 2025 23.01.2025 (1/3) Page No.6 of 6 https://www.mhc.tn.gov.in/judis