Lakshmanan v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. LAKSHMANAN

2. BHUVANESHWARI Petitioners Vs The State rep by The Inspector of Police Omrabath Police Station, Tirupathur District. (Crime No.192 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 their arrest pending investigation in Crime No. 192 of 2025 on the file of the respondent police. For Petitioners:

Mr.T.Muruganantham For Respondents:

Mr.R.Vinotharaj Govt Advocate (crl Side)

ORDER

The Petitioners, who apprehend arrest at the hands of the respondent

police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS 2023 (294(b), 323, 324, 506 of IPC), in Crime No.192 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there is a money dispute prevailing between the petitioners and the de facto complainant's family. Due to this enmity, a wordy quarrel arose between the parties, as a result of which, the de facto complainant was attacked and injured. Hence, the case. 3.The learned counsel for the petitioners would submit that the petitioners are innocent persons, and due to previous enmity, the petitioners have been falsely implicated in this case. He would further submit that on the complaint given by the petitioners side, a counter case in Cr.No.193 of 2025 has been registered against the defacto complainant's side and thereby, he would seek for anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and on instructions submitted that the

injured was discharged from the hospital.

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 nature of dispute; that the injured was discharged from the hospital and the fact that the custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners subject to the following 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 of receipt of a copy of this order, before the Judicial Magistrate, Ambur, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only), each 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 said Magistrate, 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 shall report before the respondent Police, as and when required;

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

[d] the petitioners shall not tamper with evidence or witness 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 reported in [(2005)AIR SCW 5560];

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

10-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State rep by The Inspector of Police Omrabath Police Station, Tirupathur District. (Crime No.192 of 2025) 2.The Judicial Magistrate, Ambur.

3.The Public Prosecutor, High Court of Madras, Madras.

M.NIRMAL KUMAR J.

gbi CRL OP No. 16460 of 10-06-2025