Babu v. State By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR 1.Babu 2.Gnanaprakasam 3.Mohandass ..Petitioner/ A1,A3,A4 Vs.

The state rep by The Inspector of Police, Arakkonam Taluk Police station Arakkonam, Ranipet district (Crime No. 195 of 2025). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.195 of 2025 pending investigation on the file the respondent police For Petitioner : Mr.K.G.Senthil Kumar For Respondent : M/s.A.Gopinath Government Advocate (Crl.Side) 1/6

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 126(2), 296(b), 115(2), 118(1) and 351 (3) of BNS Act( Section 339, 294(b), 323, 324 and 506(ii) of IPC) in Crime No.195 of 2025, seek anticipatory bail.

2. The case of the prosecution is on 15.05.2025, due to property dispute between the petitioners and the defacto complainant, a wordy quarrel arose between them, due to which, the petitioners attacked the defacto complainant with iron pipe and iron rod. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution. He would also submit that they have been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the 2/6

petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the case of the prosecution and submitted the petitioners attacked the defacto complainant with iron rod. He also submitted that the injured has been discharged from the hospital on 19.05.2025, however, he opposed for grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Taking note of the facts and circumstances of the case, nature of allegations against the petitioners, submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on anticipatory 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 No.1, Arakkonam, Ranipet District on condition that the petitioners shall 3/6

execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned 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 petitioners shall appear before the respondent police daily at 10.30 a.m for a period of one week and thereafter, as and when required for interrogation;

[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 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].

4/6

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023. 21.05.2025 nr 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 official website of this Court will be watermarked and will also have a QR code.

5/6

N.SENTHILKUMAR ,J.

nr To 1.The Judicial Magistrate No.1, Arakkonam, Ranipet District

2. The Inspector of Police, Arakkonam Taluk Police station Arakkonam, Ranipet district

3. The Public Prosecutor, High Court of Madras.

21.05.2025 6/6