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Madras High CourtCRL OP/16462/2025granted

Ravi v. The Inspector Of Police,

2025-06-12Honourable Mr Justice M. Nirmal Kumar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. Ravi S/o.Chinnaraj

2. Krishnamurthy S/o.Chinnaraj

3. Chinnaraj S/o.Chinnaraman

4. Sivagami W/o.Krishnamurthy

5. Meenatchi W/o.Ravi, All are reisiding at Koodalur Village, Sankarapuram Taluk, Kallakurichi District.

Petitioners Vs The Inspector of Police, Sankarapuram Police Station, Kallakurichi District. Crime No.338 of Respondent

PRAYER To order the petitioners to be enlarged on anticipatory bail in the event of their arrest in Crime No.338 of 2025 on the file of the Inspector of Police, Sankarapuram Police Station, Kallakurichi District. For Petitioners:

Mr.P Praveen For Respondent:

Mr.R.Vinoth Raja Government Advocate (Crl. Side)

ORDER

The Petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 115(2) & 351(2), 74 of BNS, in Crime No.338 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there is a civil dispute prevailing between the petitioners family 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.337 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, Sankarapuram, Kallakurichi District, on condition that the petitioners shall execute a 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.

gbi 12-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector of Police, Sankarapuram Police Station, Kallakurichi District. Crime No.338 of 2025.

2. The Judicial Magistrate, Sankarapuram, Kallakurichi District.

3.The Public Prosecutor, High Court of Madras, Chennai-104.

M.NIRMAL KUMAR J.

gbi CRL OP No. 16462 of 12-06-2025