Hemalatha v. State Rep. by the Inspector of Police

O R D E R The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Section 191(2), 191(3), 296(b), 132, 351(3) of BNS in Crime No.24 of 2026, on the file of the respondent Police, seeks anticipatory bail.

¶2The allegation against the petitioners is that the petitioners erected temporary shed after occupying the public land and hence it was objected by another group and thereafter, when the Tahsildar and other groups intervened and conducted pear committee meeting to remove the shed, petitioner abused the VAO. Hence, the complaint.

¶3The learned counsel appearing for the petitioners submitted that the petitioners are innocents and they have been falsely implicated in this case. He further submitted that the temporary shed also been removed. Hence, he prayed for grant of anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and confirmed the fact that the temporary shed has been removed, but not by the petitioner and the Officials have removed the shed.

¶5Heard the learned counsels on either side and perused the materials available on record.

¶6Considering the fact that nature of allegations and the fact that the temporary shed has now been removed, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions:

¶7Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Thiruvallur, on condition that the petitioners shall execute a 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 condition that: [a] if the petitioners fails to surrender before the concerned Magistrate within a period of ten 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 the identity proofs to ensure their identity; [c] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of two weeks and thereafter as and when required for interrogation; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283]; [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

29.01.2026 sma To

¶1Judicial Magistrate No.I, Thiruvallur.

2.The Inspector of Police ( Crime)

Vengal

Police

Station, Thiruvallur District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J. sma

29.01.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.01.2026 CORAM THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Hemalatha 2. Uma 3. Karthick 4. Kanyakumari 5.Jayachithra @ Chithra 6. Dharmadurai 7. Moongilan 8. Sangeetha 9. Nagaraj 10. Parthiban 11.Saravanan 12.Mullaivendan 13. Alangaram ... Petitioners Vs. The State Rep. By, The Inspector of Police ( Crime) Vengal Police Station, Thiruvallur District. Crime No.24 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of his arrest in Crime No.24 of 2026 on the file of the respondent police. For Petitioners : Mr.Pandi Meena For Respondent : M/s.J.R.Archana Government Advocate (Criminal Side) For Intervenor : Mrs.J.Bhuvaneshwari