Chandrasekar v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR

1. Chandrasekar

2. Amaranath

3. Parthiban ... Petitioners Vs.

State By, Represented by The Inspector of Police, Cuddalore Port Police Station, Cuddalore.

Crime No.116 of 2025.

... 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.116 of 2025 on the file of the respondent police.

For Petitioners :

Mr.Gnanbanu For Respondent :

M/s.J.R.Archana Government Advocate (Crl. Side)

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 351(3) of BNS, 2023 in Crime No.116 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The allegation against the petitioners is that on 24.12.2025, due to previous enmity, petitioners along with other accused abused the defacto complainant in filthy language and also attacked with hands, due to which, defacto complainant sustained simple injuries. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that, petitioners are ready to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that apart from this case, 1st petitioner has one

previous case and 2nd petitioner has no previous case, and opposed to grant bail.

5. Considering the nature of allegations and the fact that the defacto complainant had sustained simple injuries, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions:

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Cuddalore on condition that each of the petitioners shall execute a 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 that:

[a] if the petitioners fails to surrender before the concerned Magistrate within a period of fifteen 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. 08.01.2026 sma

To 1.The Judicial Magistrate No.II, Cuddalore.

2.The Inspector of Police, Cuddalore Port Police Station, Cuddalore.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

sma

08.01.2026