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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Gengan

2. Rajkumar

3. Arun Kumar

4. Jothy ... Petitioners Vs.

The State of Tamil Nadu, Represented by, Inspector of Police, Thellar Police Station, Thiruvannamalai District.

Crime No.237 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.237 of 2025 on the file of the respondent police.

For Petitioners :

Mr.Karl Marx K C 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), 118(1), 351(3) of BNS in Crime No.237 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that, due to previous enmity, petitioners abused the defacto complaint in filthy language and also attacked with wooden log, due to which, defacto complainant sustained 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 the injured has been discharged from the

hospital.

5. Considering the nature of allegations and the submissions made on both sides and also the fact that injured has been discharged from the hospital, 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vandavasi 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. 09.01.2026 sma

To

1. Judicial Magistrate, Vandavasi

2. Inspector of Police, Thellar Police Station, Thiruvannamalai District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

sma 09.01.2026