Madras High CourtCRL OP/17819/2025granted

Venugopal v. The State 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

1. Venugopal

2. Ravi

3. City Babu @ Krishna Kumar

4. Srikanth

5. Prasanth

6. Manjunathan Petitioners Vs The State Rep By, The Inspector Of Police Gudiyatham Taluk Police Station, Gudiyatham, Vellore District. (Crime No.135 of 2025) Respondent PRAYER Criminal Original Petition filed under Section 482 of BNSS Act, to enlarge the petitioners on bail in the event of their arrest in Crime No. 135 of 2025 on the file of the Inspector of police, Gudiyatham Taluk Police Station, Gudiyatham, Vellore District.

For Petitioners:

Mr.Vinodh Kumar For Respondent(s):

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

Side)

ORDER

The petitioners, apprehend arrest for the alleged offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(2) of BNS 2023, in Crime No.135 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 petitioners and the defacto complainant and also attacked each other, as a result of which, defacto complainant sustained injuries. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the respondent police registered case in counter in Crime No.133 of 2025 against the defacto complainant. Hence, he prayed for anticipatory bail to the petitioners. 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 petitioners and the defacto complainant and also attacked each other, as a result of which, defacto complainant sustained injuries. Hence, he opposed to grant anticipatory bail to the petitioners. 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 petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the Judicial Magistrate, Gudiyatham on condition that the petitioners shall execute a separate 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 petitioners 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 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 [(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 Rep By, The Inspector Of Police Gudiyatham Taluk Police Station, Gudiyatham, Vellore District. (Crime No. 135 of 2025) 2.The Judicial Magistrate, Gudiyatham.

3. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

gbi CRL OP No. 17819 of 27-06-2025