Sakthi @ Maheswaran v. State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

1. Sakthi @ Maheswaran

2. Mani @ Thiyagarajan

3. Mohanraju Petitioner(s) Vs State Rep by, The Inspector of Police, Kallakurichi Police Station, Kallakurichi District.

Cr.No.299/2025.

Respondent(s) PRAYER This Criminal Original Petition is filed to enlarge the petitioners on Anticipatory Bail in the event of arrest in Connection with the Crime No. 299 of 2025 pending on the file of respondent police.

For Petitioner(s):

Mr. R. Nalliyappan For Respondent(s):

Mr.A.Gopinath, GA(Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Section 296(b), 118(1), 351(2) of BNS Act, in Crime No.299 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant and his step father Sampath have a civil dispute with the first petitioner over a property. On 10.05.2025, the defacto complainant along with his family members visited the subject property to monitor the shed work, at that time, the petitioners assaulted and threatened the defacto complainant with dire consequences. Hence the complaint.

3. The learned counsel appearing for the petitioners submitted that on 10.05.2025, the defacto complainant and Sampath, along with rowdy elements, assaulted the petitioners and robbed cash and valuables and also threatened with dire consequences, for which they also lodged a complaint before the respondent police in Crime No. 298 of 2025. He would further submit that the

petitioners are innocent persons and hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the case of the prosecution and on instruction submitted that it is a case and case in counter and that the injured is discharged from hospital and opposed for grant of anticipatory bail to the petitioners.

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 the injured has been discharged from hospital, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7. Accordingly, this Criminal Original Petition stands allowed and 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-I, Kallakurichi on condition that the each of the petitioner shall execute a 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 first and second petitioners shall report before the respondent police every day at 10.30 a.m., for a period of three weeks and the third petitioner shall report before the respondent police as and when required for interrogation.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners 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 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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

21-05-2025 Jai/gv Index:Yes/No Speaking/Non-speaking order Internet:Yes 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.

To 1.State Rep by, Inspector of Police, Kallakurichi Police Station, Kallakurichi District. Cr.No.299/2025.

2. The Judicial Magistrate-I, Kallakurichi.

3. The Public Prosecutor, Madras High Court.

N.SENTHILKUMAR J.

Jai/gv CRL OP No. 15517 of 21-05-2025