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Madras High CourtCRL OP/17788/2025granted

Seerangarayan v. The State Of Tamilnadu Rep By The Inspector Of Police,

2025-06-27Honourable Mr Justice M. Nirmal Kumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Seerangarayan Petitioner Vs The State of Tamilnadu Rep by The Inspector of Police, Dharapuram Police Station Tiruppur District. (Crime No. 271/2025) Respondent PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of his arrest in Crime No. 271 of 2025 on the file of Inspector of Police, Dharapuram Police Station, Tiruppur District. For Petitioner:

Mr.P.Navaneethakrishnan For Respondent:

M/s. R. Vinoth Raja Ga (crl.

Side)

ORDER

The petitioner, apprehends arrest for the alleged offences under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, in Crime No.271 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that, due to pathway dispute, there was a wordy quarrel between the petitioner and the defacto complainant and also attacked each other, as a result of which, defacto complainant sustained simple injuries. Hence, the complaint.

3.

The learned counsel for the petitioner would submit that the petitioner also lodged a complaint against the defacto complainant and the same was registered in Crime No.272 of 2025 and in order to counter that, the present complaint has been lodged by the defacto complainant and that the injured has been discharged from the hospital and that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that due to pathway dispute, there was a wordy quarrel between the petitioner and the defacto complainant and also attacked each other, as a result of which, defacto complainant sustained simple injuries. Hence, he opposed to grant anticipatory bail to the petitioner. 5.Taking into consideration the facts and circumstances of the case and also considering the submissions made on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Dharapuram on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for further interrogation; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner 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 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];

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

27-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State of Tamilnadu Rep by The Inspector of Police, Dharapuram Police Station Tiruppur District. (Crime No. 271/2025) 2.The Judicial Magistrate Court, Dharapuram.

3.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

gbi CRL OP No. 17788 of 27-06-2025