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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL O.P NO.11247 of 2025 1.Ravikumar S/o. Govindhasamy

2. Sala W/o. Ravikumar ....Petitioners/Accused Vs The State Rep. by The Inspector of Police, Namakkal Police Station, Namakkal Crime No.155 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 their arrest in Crime No.155 of 2025, pending on the file of the respondent police.

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For Petitioners : Mr. D. Nandhagopal For Respondent : Mr. S. Balaji Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) of BNS, in Crime No.155 of 2025, on the file of the respondent police, seek anticipatory bail.

2.

The case of the prosecution is that the petitioners and the de facto complainant are neighbours and that the petitioners attacked the de facto complainant on account of a dispute over the pathway. Hence the case.

3.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent; that they have not committed any offence; that the petitioners have lodged a complaint before the respondent against the de facto complainant, which was registered in Crime No.154 of 2025; and that the petitioners are ready to furnish sureties and to abide by any conditions that may be imposed by this Court and prayed for 2/6

anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured has been discharged from the hospital and that there is a counter case against the de facto complainant.

5.

Considering, the nature of allegation against the petitioners, submissions made by the learned counsels on either side, the fact that the injured has been discharged from the hospital, and that there is a counter case against the de facto complainant, and since custodial interrogation of the petitioners is not required for the purpose of investigation, 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 Judicial Magistrate I, Namakkal, on condition that each of the petitioner 3/6

shall execute a 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 petitioners 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 first petitioner shall report before the respondent police everyday at 10:30 a.m., and the second petitioner shall report before the respondent police everyday at 6:30 p.m., until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 4/6

appropriate action against the petitioners in accordance with law as if the 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)AIR SCW 5560]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 16.04.2025 bga To

1. The Judicial Magistrate I, Namakkal

2. The Inspector of Police, Namakkal Police Station, Namakkal

3. The Public Prosecutor, High Court, Madras 5/6

SUNDER MOHAN, J.

bga Crl.O.P. No.11247 of 2025 16.04.2025 6/6