J. Suresh 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

1. J.Suresh

2. S.Kalaivani

3. B.Selvi

4. Suriya ... Petitioner(s) /Accused Vs.

The State represented by, The Inspector of Police, Arani Taluk Police Station, Thiruvannamalai District.

... Respondent(s)/ Complainant Crime No.350 of 2025 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.350 of 2025 on the file of the respondent police. For petitioner(s) : Mr.SB.Viswanathan For Respondent(s) : Mr.A.Gokulakrishnan Additional Public Prosecutor Page No.1 of 6

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 115(2), 118(1), 191(2), 193(3), 296(b) and 326(a) and 351(3) of BNS, 2023 along with Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 r/w Section 4 of the TNPHW Act, in Crime No.350 of 2025 seeks anticipatory bail.

2. The case of the prosecution is that, due to a property dispute, the petitioners attacked the defacto complainant and abused her in filthy language. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that custodial interrogation of the petitioners is not required and sought for grant of anticipatory bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the Page No.2 of 6

petitioners, submitted that the petitioners are involved in a serious offence arising from a violent dispute, necessitating custodial interrogation.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6. Considering the above facts and circumstances, 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.

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 Judicial Magistrate's Court, Arani, Thiruvannamalai District, on condition that the petitioner 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 Page No.3 of 6

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 condition that: [a] 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 are directed to pay a sum of Rs.25,000/- directly to the defacto complainant.

[c] the petitioners 1 and 4 shall report before the respondent Police at 10:30 A.M for a period of two months and thereafter, as and when required for interrogation until further orders and the petitioners 2 and 3 shall report before the Respondent Police, as and when required for interrogation until further orders;

[d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the Page No.4 of 6

petitioner 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];

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

28.05.2025 rkp/ata 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. Judicial Magistrate's Court, Arani, Thiruvannamalai District

2. The Public Prosecutor, Madras High Court, Chennai.

3. The Inspector of Police, Arani Taluk Police Station, Thiruvannamalai District.

Page No.5 of 6

K. GOVINDARAJAN THILAKAVADI, J.

rkp/ata 28.05.2025 Page No.6 of 6