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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.05.2025

CORAM

THE HON'BLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI CRL OP NO. 15983 of 2025 Chinnasamy ... Petitioner Vs The State Rep.by, The Inspector of Police, Thoppur Police Station, Dharmapuri District.

... Respondent (Crime No.140 of 2025) PRAYER: Criminal Original Petition filed under 482 of B.N.S.S., pleased to enlarge the petitioner on bail in the event of his arrest in Crime No.140 of 2025 on the file of the respondent Police.

For Petitioner :

Mr.T.Ganesan For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offence under Sections 296(b), 115(2), 118(1) and 351(3) of BNS in Crime No.140 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that due to the family dispute, the 1/4

accused had abused the de facto complainant in filthy language and assaulted him causing injuries. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case due to a family dispute. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. Learned Additional Public Prosecutor appearing for the respondent police while opposing to grant anticipatory bail to the petitioner, reiterated the case of the prosecution and submitted that the investigation is pending.

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

6. Considering the submissions of the learned counsel on either side and also considering all others factors, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from 2/4

the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Dharmapuri, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the concerned Magistrate/Judge may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of two months and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; K.GOVINDARAJAN THILAKAVADI.,J gv [e] On breach of any of the aforesaid conditions, the 3/4

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

To:1.

The Judicial Magistrate II, Dharmapuri.

2. The Inspector of Police, Thoppur Police Station, Dharmapuri District.

3. The Public Prosecutor, High Court of Madras. Crl.O.P.No.15983 of 2025 4/4