K.Kalaignar Vs The State Represented by

Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.348 of 2025 on the file of the respondent police.

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For Petitioners : Mr.J.Suresh

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For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

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O R D E R

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The petitioners apprehend arrest by the respondent police for the

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offences punishable under Sections 296(b), 115(2), 118(1) BNS r/w 4 of TNPHW Act, in Crime No.348 of 2025 registered on the file of the respondent police seeks anticipatory bail. 1/5

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The allegation against the petitioner is that due to land dispute, there was a wordy quarrel, for which the petitioner assaulted the defacto complainant with a wooden log. Hence the complaint.

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The learned counsel appearing for the petitioners submitted that it is a case and case in counter regarding this occurrence and further submitted that he is ready to abide by any conditions that may be imposed by this

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Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

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The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that it is a case and case in counter. He further submitted that the petitioners have no previous case pending against them and that the injured was discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners.

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Heard the learned counsel for the petitioners as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

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Considering the submissions made by the learned counsel on either side, the fact that it is a case and case in counter, the injured was discharged from the hospital, the petitioners have no previous case pending against them, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 2/5

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Accordingly, the petitioners are ordered to be released on bail in

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the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Additional Mahila Court at Tiruvallur, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

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(a) 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;

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(b) the petitioners shall report before the

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respondent police, daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

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(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(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 released on bail by the learned Magistrate/Trial Court himself as laid

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3/5

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https://www.mhc.tn.gov.in/judis

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down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

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