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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.534 of 2026

1. Srinivasan S/o.Perumal

2. Chandramohan S/o.Nagappan ... Petitioners Vs The State Rep. By, The Inspector of Police, Perambur Police Station, Mayiladuthurai District.

(Crime No.503 of 2025) ... Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners herein on anticipatory bail in the event of their arrest by the respondent in Crime No.503 of 2025 on the file of the respondent police.

For Petitioners : Mr. R.Thirumoorthy For Respondent : M/s. J.R. Archana Government Advocate (Crl.Side) ******

O R D E R

The petitioners herein, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 118(1), 351(3) of BNS Act 2023 in Crime No.503 of 2025 on the file of the respondent Police, seek anticipatory bail.

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2.

The case of the prosecution is that, the petitioners herein and other accused were involved in a road blockade protest. At that time, when the complainant requested them to give passage to reach his place, they abused the complainant with the filthy language and threatened him with dire consequences and also assaulted the complainant, due to which, he suffered injuries. Hence, this case.

3.

The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case; that there is a counter case also registered against the defacto complainant and in the FIR it is categorically stated that the defacto complainant herein attacked the petitioners and that the petitioners are ready to abide by any conditions that may be imposed by this Court and to cooperate for the investigation, hence sought for anticipatory bail to the petitioners. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioners reiterated the prosecution case and submitted that the investigation of this case is pending and that there are 67 previous cases as against the petitioners and a counter case has been registered for the very same offence.

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5.

Considering the submissions made, facts and circumstances of this case, nature of allegation, the fact that there is a counter case registered for the very same occurence and custodial interrogation of the petitioners is not necessary for the purpose of investigation of this case, previous cases reported are political protest cases, 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 on which the order copy made ready, before the learned District Munsif-cumJudicial Magistrate, Tharangambadi, on condition that 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 fail to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of 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 3/5

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 petitioner 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

12.01.2026 ssa To

1. The District Munsif-cum-Judicial Magistrate, Tharangambadi.

2. The Inspector of Police, Perambur Police Station, Mayiladuthurai District.

3. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

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