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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

1. Sivaperumal

2. Selvam

3. Subramani

4. Raja Petitioner(s) Vs

1. State Rep.by, The Inspector of Police, Sankari Police Station, Salem District.

FIR No. 176/2025 Respondent(s) PRAYER This Criminal Original Petition is filed to grant an Anticipatory Bail to the petitioners in the event of their arrest or on their appearance before any Court in connection with the case in Crime No.176/2025 pending investigation on the file of the Respondent For Petitioner(s):

Mr.Marudhachalamurthy Ramakrishnan

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 191(2), 191(3), 294(b), 115(2), 333, 324(6), 305(a), 351(3) of BNS, 2023 in Crime No.176 of 2025, seek anticipatory bail.

2. The case of the prosecution is that due to the money dispute between the petitioners and the defacto complainant's son, the petitioners went to the defaco complainant's home and enquired about her son and also attacked her with hands and gave life threat to her son and his family members. Hence, the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they had not committed any offence as alleged by the prosecution. He would further submit that the petitioners are ready to abide by any condition that may be imposed by this Court and the co-

accused were granted anticipatory bail by this Court in Crl.O.P.No.13321 of 2025 on 08.05.2025, hence prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the case of the prosecution and submitted that the defacto complainant has no injury. However, he opposed to grant 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 this Court granted anticipatory bail to the co-accused, 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-1, Sankari 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 petitioners shall report before the respondent police every day at 10.30 a.m., for a period of one week.

[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, The Inspector of Police, Sankari Police Station, Salem District.

FIR No. 176/2025.

2. The Judicial Magistrate No.1, Sankari.

3. The Public Prosecutor, Madras High Court.

N.SENTHILKUMAR J.

Jai/gv CRL OP No. 15537 of 21-05-2025