Dhasarathan Vs The State Rep By, The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail in the event of their arrest concerned in Crime No.143 of 2026 on the file of the Inspector of Police, Ponneri Police Station, Thiruvallur.

¶19

For Petitioner(s): Mr.M.Vetrivel For Respondent(s): Mr.N.Palanivel Government Advocate (Criminal side)

¶20

ORDER

¶21

The petitioners apprehend arrest for the alleged offences under Sections 191 (2), 329, 324 (3), 296 (b), 351 (3) of BNS r/w 4 of TNPWH Act, in Crime

¶22

No.143 of 2026 on the file of the respondent police seek anticipatory bail.

¶23

__________ Page1 of 6

¶24

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

¶25

CRL OP No. 16970 of 2026

¶26

2.The case of the prosecution is that due to previous enmity, the petitioners abused and attacked the defacto-complainant. Hence, the case.

¶27

The learned counsel appearing for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioners.

¶28

The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases have been registered against the petitioners. He further submitted that the issue arose from a land dispute and that no one sustained any injury. However, he opposed to grant anticipatory bail to the petitioners.

¶29

5.Considering the totality of the circumstances, the fact that the petitioners have no bad antecedents, the nature of the offence alleged against them, and the fact that no one sustained any injury, this Court is of the firm view that the custodial interrogation of the petitioners is not necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

¶30

Page2 of 6

¶31

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

¶32

CRL OP No. 16970 of 2026

¶33

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

¶34

event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial

¶35

Magistrate I, Ponneri, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with

¶36

two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

¶37

(a) If the petitioners fail to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

¶38

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

¶39

(c) The petitioners 1 to 6 shall report before the respondent police daily Morning at 10.30 am for a period of two weeks; thereafter as and when required for interrogation; the seventh petitioner shall report before the respondent Police as and when required for interrogation;

¶40

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as

¶41

__________ Page3 of 6

¶42

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

¶43

CRL OP No. 16970 of 2026

¶44

laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of

¶45

Kerala [(2005) AIR SCW 5560];

¶46