CRL O.P. No.9117 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 27.03.2025 CORAM: THE HON`BLE MR.JUSTICE SUNDER MOHAN CRL O.P. No.9117 of 2025 1.Govintharajan S/o. Kuppanna Gounder 2. Santhi W/o. Govintharajan 3. Suwetha @ Priya S/o. Govintharajan ... Petitioners / Accused Vs State rep. by:- The Inspector of Police, Puthuchattram Police Station, Namakkal District. ... Respondent [Cr. No.78 of 2025] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioners / Accused in Crime No.78 of 2025 on the file of the respondent police. For Petitioners : Mr. Camyles Gandhi.W. For Intervenor: Mr. Ma. P. Thangavel For Respondent : Mr. S. Balaji, Government Advocate [Criminal side] ORDER 1/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.9117 of 2025 The petitioners / Accused, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 3(1) of TNPPDL Act and Section 351(2) of B.N.S. in connection with the case in Crime No.78 of 2025, seek anticipatory bail. 2. The case of the prosecution is that the petitioners trespassed into the land of the defacto complainant's father-in-law's land and damaged the stone block. 3. Learned counsel for the petitioners would contend that the allegations against the petitioners are false; that in fact, the petitioners and the defacto complainant are neighbours; that already a civil dispute is pending in O.S. No.99 of 2023; and that in any case, custodial interrogation of the petitioners is not required and hence prayed to grant anticipatory bail to the petitioners. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to 2/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.9117 of 2025 the petitioners, reiterated the prosecution case and on instructions, confirmed the above facts. 5. Considering the aforesaid facts, the nature of allegations against the petitioners, the fact that civil dispute is pending between the parties and since the custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions. 6. 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-II, Namakkal on condition that the petitioners shall each 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further 3/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.9117 of 2025 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 Aadhar card or Bank pass Book to ensure their identity. [b] the petitioners shall report before the respondent police 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 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]; and [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S. 4/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.9117 of 2025 27.03.2025 mjs To 1.The Judicial Magistrate-II, Namakkal. 2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Puthuchattram Police Station, Namakkal District. SUNDER MOHAN. J., mjs 5/6 https://www.mhc.tn.gov.in/judis CRL O.P. No.9117 of 2025 CRL O.P. No.9117 of 2025 27.03.2025 6/6 https://www.mhc.tn.gov.in/judis