Chinna Gurusamy v. State of Tamilnadu Rep by Inspector of Police, Chokkampatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.12.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN CRL OP(MD)No.24024 of 2025 Chinna Gurusamy ... Petitioner Vs State of TamilNadu rep. by The Inspector of Police, Chokkampatti Police Station, Tenkasi District. (Crime No.244 of 2025) ... Respondent For Petitioner : Mr.V.Muthuvelan For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.244 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 329(4), 296(b), 118(1), 351(3) of BNS and Section 4 of the Prohibition of Harassment of Women Act, 2002 in Crime No.244 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on

22.11.2025 at about 11.45 hours, while the defacto complainant starting construction work in front of the petitioner's land along with labours and meson, the petitioner came there and abused the defacto complainant and attacked her and her sister

and

threatened

them

with

dire consequences. Hence, the complaint.

¶3The learned Counsel for the petitioner would submit that due to the land dispute between the defacto-complainant and the petitioner, the defacto-complainant lodged a false complaint against the petitioner. The petitioner has not involved in any of the offences as alleged by the prosecution. The petitioner is an innocent and is falsely implicated in this case. He further submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl.side) would submit that due to the land dispute between the defacto-complainant and the petitioner, the petitioner scolded the defacto complainant and her sister and attacked them. Injured person was admitted in hospital and subsequently she was discharged from the hospital. There are six previous cases pending against the petitioner. Hence, he prays to dismiss this Criminal Original Petition.

¶5Considering the facts and circumstances of this case and also considering the fact that the dispute between the parties is civil in nature and the injured person has been discharged from hospital, this Court is inclined to grant an order of anticipatory bail to the petitioner with certain conditions:

¶6Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court, Tenkasi, Tenkasi District, on condition that the petitioner shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the respondent Police daily at 10.30a.m.until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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)AIR SCW 5560]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023. (M J R J)

26.12.2025

Sn/indu TO

1.The Judicial Magistrate Court, Tenkasi, Tenkasi District

2.The Inspector of Police, Chokkampatti Police Station, Tenkasi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.JOTHIRAMAN,J sn ORDER IN CRL OP(MD) No.24024 of 2025 Dated : 26.12.2025