Raji (A-1) v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.16492 of 2025

1. Raji

2. Kuppusamy ... Petitioners Vs.

State rep. by The Inspector of Police Anaikattu Police Station, Chengalpattu Crime No. 118 of 2025.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in Crime No.118 of 2025 on the file of the Respondent police. For petitioner :

Mr.M.Murugan For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioner who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 115(2), 118(1) & 351(3) of BNS r/w. Section 4 of TNPHW Act in Crime No.118 of 2025, seek anticipatory bail.

2. The case of the prosecution is that wordy quarrel arose between the 1/4

petitioner and the defacto complainant with regard to property auction sale in which the petitioners are alleged to have attacked the defacto complainant with their hands. Hence, the complaint.

3. Learned counsel appearing for the petitioners submitted that petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that the petitioners are in no way connected with the alleged offence, He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners .

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioners, reiterated the prosecution case and submitted that the petitioners had abused the defacto complainant and also attacked him with hands.

5. Heard both sides and perused the materials available on record. 6 Considering the facts and circumstances of the case, submissions made by the learned counsel on either side and also considering that the petitioners are ready to abide by any condition, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on 2/4

anticipatory bail on their executing 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 learned District Munsif cum Judicial Magistrate, Cheyyur, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation; [c] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] 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; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid 3/4

M.NIRMAL KUMAR, J.

gv down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

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

19.06.2025 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 the official website of this Court will be watermarked and will also have a QR code. To

1. The District Munsif cum Judicial Magistrate, Cheyyur,

2. The Inspector of Police Anaikattu Police Station, Chengalpattu

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.16492 of 2025 4/4