Crl.O.P.No.1612 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 24.01.2025 CORAM THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.1612 of 2025 1.Alagammal 2.Loganayaki 3.Manian 4.Samiappan @ Saminathan 5.Sakkarian @ Meygnanam 6.Parthiban 7.Suresh .... Petitioners Vs State represented by The Inspector of Police, Uthiyur Police Station, Tiruppur District. Cr.No.129/2024 .... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant anticipatory bail to the petitioner in the event of their arrest in Crime No. 129 of 2024 by the respondent police. For Petitioner : Mr.Rajasekar M For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side) 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1612 of 2025 ORDER Apprehending arrest in connection with Crime No.129 of 2024 registered for the offences punishable under Sections 447, 380, 506(i) IPC r/w 3 TNPPDL Act, the present petition has been filed seeking anticipatory bail. 2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. Learned counsel for the petitioners would submit that the petitioners are innocent persons and are no way connected with the offence as alleged by the prosecution. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. 3.The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that due to a property dispute, the petitioners trespassed in to the common pathway of the defacto complainant's land and damaged the fencing and CCTV worth about Rs.2 Lakhs. He would submit that the petitioners have no previous cases pending against them. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1612 of 2025 4. Having heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, they 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, Kangeyam, on condition that the petitioner 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 the Police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioners shall report before the respondent Police on everyday at 10.30 a.m., until further orders. [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 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1612 of 2025 the petitioners 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 24.01.2025 Index : Yes/No Internet : Yes/No Lpp To 1.The Inspector of Police, Uthiyur Police Station, Tiruppur District. 2.The Public Prosecutor, High Court, Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1612 of 2025 A.D.JAGADISH CHANDIRA,J. Lpp Crl.O.P.No.1612 of 2025 24.01.2025 5/5 https://www.mhc.tn.gov.in/judis