Vinoth v. State Rep. by the Inspector of Police

ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 191(2), 191(3), 49, 126(2), 296(b), 351(3), 324(4) of BNS and section 3(1) of Tamil Nadu Public Property (Prevention of damage & loss) Act in Crime No. 17 of 2026, seek anticipatory bail.

¶2The allegation against the petitioners/A2 & A3 is that the petitioners joined together with other accused and involved in road roko and also wrongfully restrain the defacto complainant and his crew from taking soil from the land belongs to them and also caused damage to the defacto complainant's car worth about Rs.1,20,000/- which led to the registration of an FIR. Hence, the present case.

¶3The learned counsel for the petitioners would submit that the co-accused in this case had already been granted bail and the villages were involved in road roko and the case has been registered and are ready to co-operate with the investigation. Hence, he prays for grant of anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the first Page3 of 6 petitioner has three previous cases - two under the Prohibition Act and another one is IPC offence, and the second petitioner is not involved in any previous case. Hence, opposed to grant anticipatory bail to the petitioners.

5.Considering the fact that A1 in this case was already arrested and released on bail, and considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

¶6Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each into the credit of Crime No.17 of 2026 and on such receipt of proof of payment, 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 District Munsif Cum Judicial Magistrate, Cheyyur, on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(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; Page4 of 6

(b) The sureties shall affix their photographs and left thumb impression in the application for surety slip (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 three weeks and 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 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 24-02-2026 MPA Page5 of 6 To

1.The District Munsif Cum Judicial Magistrate, Cheyyur.

2.State Rep. by The Inspector of Police G-4 Cheyyur Police Station, Chengalpattu District. (Crime No. 17 of 2026)

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o4456oofo2026 K.RAJASEKAR,oJ. MPA CRLoOPoNo.o4456oofo2026 24-02-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-02-2026 CORAM THE HON'BLE MR.JUSTICE K.RAJASEKAR 1. Vinoth S/o. Venu, No. 140, Othiyur Village, Nainar Kuppam Post, Cheyyur Taluk, Chengalpattu District - 603 302. 2. Thamizharasan S/o.Nedunchezhiyan No.105, Othiyur Village, Nainar Kuppam Post, Cheyyur Taluk, Chengalpattu District - 603 302. ..Petitioner(s) Vs State Rep. by The Inspector of Police G-4 Cheyyur Police Station, Chengalpattu District. (Crime No. 17 of 2026) ..Respondent(s) 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 their arrest in Crime No. 17/2026 pending investigation on the file of respondent police. For Petitioner(s): R Thirumoorthy For Respondent(s): M/S.J.R.Archana Government Advocate (Crl.Side) Page2 of 6