Vijay v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2025
CORAM
THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Vijay ... Petitioner -vsThe State Represented by, The Inspector of Police, Karipatty Police Station, Salem City, Salem District.
(Crime No.203 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No.203 of 2025 pending investigation on the file of the respondent police. For Petitioners :
Mr.R.Nalliyappan For Respondent :
Mr.A.Gopinath, Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 118(1), 351(3) of BNS 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1 / 7
2002 in Crime No.203 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that on 30.04.2025 around 07.30 a.m, the defacto complainant noticed that smoke came from the brick kiln of the petitioner's father. When the same was questioned by the defacto complainant, the petitioner along with others scolded and attacked the defacto complainant, which resulted in a quarrel between them. As a result, the petitioner abused the defacto complainant in filthy language and also attacked the defacto complainant with a sickle and thereby causing injuries to her. Hence the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that on the date of the alleged occurrence, the petitioner along with others scolded and attacked the defacto complainant with a sickle and caused injuries to the defacto complainant. He further submitted that 2 / 7
the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the arguments from both sides, the nature of the offence, and considering the fact that the injured has been discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
7. Accordingly, this Criminal Original Petition stands allowed and 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 learned Judicial Magistrate,Vazhapadi, on condition that the petitioner 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 learned Magistrate concerned and on further conditions that:
(a) the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks.
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[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial. [d] 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].
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.
21.05.2025 gv/jai "Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code." 4 / 7
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To
1. The learned Judicial Magistrate,Vazhapadi 2.The Inspector of Police, Karipatty Police Station, Salem City, Salem District.
3. The Public Prosecutor, High Court, Madras.
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N.SENTHILKUMAR,J gv/jai Crl.O.P.No.15445 of 2025 21.05.2025 7 / 7