Ganesh Vs The State of Tamilnadu Rep. by

For Petitioner : Mr.B.Jameel Arasu for D.Kesavan Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) For Intervenor : Mr.V.M.Ashiev

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PETITIONS FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

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COMMON PRAYER :-

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For Anticipatory Bail in Crime No.19 of 2026 on the file of the respondent police.

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

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CRL OP(MD). Nos.12632 and 12123 of 2026

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COMMON ORDER : The Court made the following order :-

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The petitioners apprehend arrest for the alleged offence under Sections 336(2), 338, 340(1), 340(2), 318(4) and 61(2) of BNS Act, 2023, in Crime No.19 of 2026, on the file of the respondent police seek anticipatory bail.

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2.The allegation against the petitioners is that the de-facto complainant has been cultivating the land measuring 2.19 acres in K. Sathanur North Village, comprised in T.S. Nos. 305/1 and 305/3. It came to light during the year 2024 that A1, Bakiyam, by colluding with the other accused, was involved in creating encumbrances over the defacto complainant's properties for the purpose of grabbing them. Hence, the case has been registered.

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3.The learned counsel for the petitioners submitted that the petitioners are arrayed as A4 and A5, that they are only the bona fide purchasers of the property. Earlier, A3 purchased the property from A2 and the petitioners purchased it from A3. He further submitted that the petitioners are ready to co-operate with the investigation and A1 and A2

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

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CRL OP(MD). Nos.12632 and 12123 of 2026

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were already granted anticipatory bail by this Court. Hence, he prayed to grant anticipatory bail to the petitioners.

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4 .The learned counsel for the intervenor submitted that A1, in this case, does not have any semblance of title and only for the purpose of snatching away the property, they have colluded and created various documents, and so far, no one is arrested in this case, and if the petitioners are granted anticipatory bail, there is a possibility of tampering with the prosecution witnesses and hampering the investigation. Hence, he opposed the grant of anticipatory bail to the petitioners.

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5.The learned Counsel for the State of Tamil Nadu (Crl. Side) submitted that no one has been arrested in this case and the investigation is pending. He further submitted that A1 and A2 have already been granted anticipatory bail by this Court.

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6.I have also gone through the orders passed by the by this Court in Crl.O.P.(MD)Nos.10120 and 10123, dated 10.06.2026.

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

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CRL OP(MD). Nos.12632 and 12123 of 2026

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7.Considering the nature of allegations against the petitioners, and also considering the fact that the petitioners purchased the property from the other accused, and since the accusations are all borne out by records and custodial interrogation to investigate the case of this nature as against the petitioner is not necessary, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

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8.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate No.1, Trichy, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees

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Twenty Thousand only), each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

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(a) If the petitioners fails to surrender before the concerned 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;

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(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship

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

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CRL OP(MD). Nos.12632 and 12123 of 2026

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(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;

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(c) The petitioners shall report before the 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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(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 laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala

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[(2005) AIR SCW 5560];

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(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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(K R S J) 09.07.2026

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sji

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TO

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