Albert v. The Inspector of Police

ORDER The petitioner apprehends arrest for the alleged offences under Sections 329(4), 351(2), 324(4), 303(2), 308(5) and 196(1) of the Bharatiya Nyaya Sanhita, 2023 in Crime No.274 of 2026, on the file of the respondent police seeks anticipatory bail. Page2 of 6

¶2The allegation against the petitioner is that the defacto complainant is carrying out agricultural activities in the disputed land. It is alleged that, on the date of occurrence, the petitioner along with the co-accused trespassed into the agricultural land of the defacto complainant and damaged the four tyres of his tractor. Hence the case.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that the occurrence is said to have taken place on 31.05.2026. The 2nd accused has already been arrested and remanded to judicial custody.. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and they are willing to cooperate with the investigation. Hence, he prays for grant of anticipatory bail.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the case of the prosecution and vehemently opposed the grant of anticipatory bail to the petitioner and submitted that the occurrence took place on 31.05.2026 and that the petitioner has no criminal antecedents. The allegation against the petitioner is that he, along with the co-accused, trespassed into the agricultural land of the defacto complainant and damaged the four tyres of his tractor. Page3 of 6

5.This Court has considered the submissions made by either side learned Counsel and perused the materials placed before this Court.

6.Considering the nature of allegations and the fact that the occurrence took place on 31.05.2026, coupled with the absence of any criminal antecedents against the petitioner, this Court is of the considered view that custodial interrogation of the petitioner is not required at this stage. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain following conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned District Munsif cum Judicial Magistrate, Tharangambadi, on condition that the petitioner 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 conditions:

(a) If the petitioner 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 Page4 of 6 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 petitioner 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 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 petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 10-07-2026 JRS Page5 of 6 To

¶1The District Munsif cum Judicial Magistrate, Tharangambadi.

2.The Inspector of Police Perambur Police Station, Perambur, Mayiladuthurai District. Crime No.274/2026

3.The Public Prosecutor, Madras High Court. CRLoOPoNo.o17937oofo2026 C.KUMARAPPAN,oJ. JRS CRLoOPoNo.o17937oofo2026 10-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Albert S/o. Soosainathan, No.3/128, Madha Koil Street, Velampukudi, Tharangampadi, Nagapattainam District ..Petitioner(s) Vs The Inspector of Police Perambur Police Station, Perambur, Mayiladuthurai District. Crime No.274/2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the Petitioner herein on bail in the event of his arrest in Crime No.274 of 2026 on the file of the respondent . For Petitioner(s): M/S. R. Dhana Sekar For Respondent(s): Ms.R.S.Indira, Govt.Advocate (crl.Side)