Mahendran v. State Rep. by

O R D E R The petitioners, who apprehend arrest at the hands of the respondent police, for the alleged offences punishable under Sections 296(b), 115(2), 351

(3) of BNS read with Section 4 of Tamil Nadu Prohibition of Woman Harassment Act, in Crime No.225 of 2025, on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that the defacto complainant, who runs a flour oil mill in her village, lodged a complaint on 21.08.2025 regarding encroachment on nearby natham poramboke land. Based on her complaint, the VAO and Tahsildar inspected the site and directed removal of the encroachment. Later, at about 5.30 p.m., while she was standing near her mill, the petitioners allegedly abused her for lodging the complaint, leading to a quarrel during which she sustained injuries. Based on this, the respondent police registered the present FIR against the petitioners.

¶3The learned counsel for the petitioners submits that the dispute arose between neighbours over encroachment of poramboke land and dumping of waste and the petitioners have been falsely implicated.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent submits that the injured was treated as an outpatient and discharged.

¶5Considering the fact that the parties are neighbours and the dispute emanated from the use of poramboke land, this Court is inclined to grant anticipatory bail to the petitioners subject to conditions.

¶6Accordingly, the petitioners ordered to be released on bail in the event of arrest or on their appearance, on or before 12.09.2025 before the Learned Judicial Magistrate No.II, Pollachi, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a likesum to the satisfaction of the learned Magistrate concerned and on further condition that:- [a] If the petitioners fail to surrender before the concerned Court on or before 12.09.2025, 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 appear before the Tiruppur Town Police Station daily at 10.30 a.m., for a period of 30 days and thereafter the petitioners shall report before the respondent police 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.

01.09.2025 bsm To,

¶1The Judicial Magistrate II, Pollachi.

¶2The Inspector of Police, Negamam Police Station, Coimbatore District.

3.The Public Prosecutor, High Court of Madras. Note :

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

Dr.G.JAYACHANDRAN, J. bsm

01.09.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.09.2025 CORAM THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN 1. Mahendran. 2. Gopal. 3. Prakash. 4. Gnanasoundari. ... Petitioners/Accused 1 to 4 /versus/ State Rep.by, The Inspector of Police, Negamam Police Station, Coimbatore District. (Crime No.225 of 2025) ...Complainant/Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail in the event of their arrest in Crime No.225 of 2025 on the file of the respondent police. For Petitioners : Mr.W.Camyles Gandhi. For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)