Nandhakumar v. The State Represented By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. Nandhakumar

2. Srinivasan Petitioners Vs The State represented by, Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

(Crime No. 213 of 2025 Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest concern in Crime No. 213 of 2025 on the file of the lnspector of Police, Kaveripattinam Police Station, Krishnagiri District on such terms and conditions as this Court may deem fit and proper. For Petitioners :

Mr.Rajadurai For Respondent :

Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl.side).

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 296 (b), 351 (2) and 118 (1) of B.N.S. r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 in Crime No.213 of 2025, on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that, due to property dispute, the petitioners attacked the defacto-complainant with wooden log thereby she sustained injury. Hence the case.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they had been falsely implicated in this case. He further submitted that the custodial interrogation of the petitioners is not required and sought for anticipatory bail to the petitioners. 4.The learned Government Advocate (Criminal side) reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioners.

5. Considering the above facts and circumstances of the case and since custodial interrogation of the petitioners is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each without prejudice to their defence as non refundable deposit to the credit of the to the credit of Madras High Court Advocates Association in Account No.484072519, Indian Bank, Madras High Court Branch, Madras, IFSC Code: IDIB000M157 and on such deposit, 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 No.

I, Krishnagiri, on condition that the petitioners shall execute a bond for a sum of Rs.

within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each as non refundable deposit to the credit of Madras High Court Advocates Association in Account No.484072519, Indian Bank, Madras High Court Branch, Madras, IFSC Code: IDIB000M157 [c] the petitioners shall report before the respondent Police daily at 10.30 a.m for a period of two weeks; thereafter as and when required for interrogation;

[d]The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

[e] the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [f] the petitioners shall make himself available for interrogation by a Police office as and when required;

[g] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as

may be given by the Court in this regard;

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

[i] 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];

[j] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

11-07-2025 ep Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

2.The Judicial Magistrate No.1, Krishnagiri.

3.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

ep

11.07.2025