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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.05.2025

CORAM

THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI CRL OP No. 16036 of 2025

1. Kumaravel

2. Saroja

3. Shanmugam

4. Umamaheshwari

5. Karthikeyan .. Petitioners vs.

The State Represented by, The Inspector of Police, Thirukazhukundram Police Station, Chengalpattu District.

Crime No.196 of 2025 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on anticipatory bail in the event of his arrest in Crime No.196 of 2025 pending investigation on the file of the respondent police For petitioners :

Mr.V.Manikandan For Respondent :

Mr.A Gokulakrishnan Additional Public Prosecutor

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 115(2), 118(1), 191(2), 191(3), 296(b), 351(3), 74 of BNS and 4 of TNPHW Act in Crime 1/5

No.196 of 2025, seek anticipatory bail.

2. The case of the prosecution is that due to civil dispute, the petitioners are alleged to have abused in filthy language and assaulted the defacto complainant, his wife and his two children with wooden log and broom stick and caused injuries to them. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence and they have been falsely implicated in this case and custodial interrogation of the petitioners is not required and sought for anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case.

5. Heard both sides and perused the materials available on record including the First Information Report.

6.Taking into consideration the submission of both sides, nature of the allegations 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. 2/5

7. 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 District Munsif cum Judicial Magistrate, Thirukazhukundram on condition that the petitioners shall execute a separate 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, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions 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 1, 3 and 5 shall report before the respondent police everyday at 10:30 a.m.,for a period of two months and thereafter as and when required; the petitioners 2 and 4 shall appear before the respondent police as and when required for interrogation. K. GOVINDARAJAN 3/5

THILAKAVADI.,J.

gv [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].

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

"Note:

28.05.2025

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." 4/5

To:1.The District Munsif cum Judicial Magistrate,Thirukazhukundram.

2. The Inspector of Police,Thirukazhukundram Police Station, Chengalpattu District.

3.The Public Prosecutor, High Court, Madras. CRL OP No. 16036/2025 5/5