CRL OP/8355/2026 of M Selvaraj Vs The State of T.N. (Reps. by the Inspector of Police),

CRL OP No. 8355 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-04-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 8355 of 2026 1. M Selvaraj 2. S.Muthuraj ..Petitioners Vs The State of T.N. (Reps. by the Inspector of Police), Inspector of Police, Elvanasurkottaj Police Station, Kallakurichi District. Crime No.54 0f 2026 ..Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS to pass orders to enlarge the petitioners on bail in the event of the petit ioners arrest in Crime No.54/2026 on the file of respondent Police. For Petitioners: Mr.D.Babu Varadharajan For Respondent: Mr.P.Dhileepan Government Advocate (Crl.Side) ORDER The petitioners apprehends arrest for the alleged offence under Sections 296(b), 329(3), 324(4), 74, 351(3) of BNS in Crime No.54 of 2026 on the file of the respondent police seek anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 8355 of 2026 __________ Page2 of 5 2. The case of the prosecution is that there is a land dispute betwe en the petitioners and the de facto complainant. Due to which, the petiti oners have caused damage to the agricultural crops and motor pump set worth Rs.2 lakhs of the de facto complainant. Hence, the complaint. 3. The learned counsel for the petitioners submitted that the entire issue is of civil in nature and the de facto complainant is none other than br other’s wife of the 1 st petitioner and the property that are alleged to have been damage d is absolutely belongs to the petitioners and in this connections, the suit i n Civil Suit No,982 of 2024 is pending. He further submitted that the petitioners are innocent and have been falsely implicated in this case. The petit ioners are ready and willing to abide by any conditions that may be imposed by this C ourt. Hence, he prays for grant of anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the occur rence took place on 20.02.2026 and FIR registered on 09.03.2026 and opposed to grant anticipatory bail to the petitioner. 5. From the submissions made by the learned counsel on either side and taking into consideration of the totality of the circumstances, the re gistration of FIR was on 09.03.2026 and the occurrence took place on 20.02.2026. The fact https://www.mhc.tn.gov.in/judis CRL OP No. 8355 of 2026 __________ Page3 of 5 that there is a suit pending in Civil Suit No.982 of 2024 and upon the f act of familial relationship with the petitioners, at this length of ti me, the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail under certain conditions. 7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fiftee n (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, No.II, Uldurpettai on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fails 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; (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; (c) The petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and https://www.mhc.tn.gov.in/judis CRL OP No. 8355 of 2026 __________ Page4 of 5 thereafter, as and when required for interrogation; (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 [(2005) AIR SCW 5560]; (e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 02-04-2026 SHL To: 1. The Judicial Magistrate, No.II, Uldurpettai 2. The Inspector of Police, Elvanasurkottaj Police Station, Kallakurichi District. 3. The Public Prosecutor’ High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 8355 of 2026 __________ Page5 of 5 C.KUMARAPPAN J. SHL CRL OP No. 8355 of 2026 02-04-2026 https://www.mhc.tn.gov.in/judis