Chinnathambi And 3 Others v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K. ILANTHIRAIYAN 1.Chinnathambi
2. Vijay
3. Prabu
4. Poongodi ... Petitioners
Versus
The State rep. by, The Inspector of Police, Tirupattur Taluk Police Station, Tirupattur District.
(Cr.No.177 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.177 of 2025 on the file of respondent Police.
For Petitioners : Mr.E.Kannadasan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) *****
ORDER
The petitioners, who apprehend arrest at the hands of the Page No.1 of 6
respondent police for the offences punishable under Sections 296(b), 115(2), 324, 74, 351(3) of BNS, 2023 (under Sections 294(b), 323, 425, 354 of I.P.C) in Crime No.177 of 2025, on the file of the respondent Police, seek anticipatory bail.
2. The case of the prosecution is that due to previous enmity, the petitioners joined together armed with deadly weapons went to the defacto complainant's house, scolded her husband in filthy language and also damaged the compound wall, water pipe line and attacked the defacto complainant and her sons. Hence, the case. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have 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 (Crl.Side) reiterated the prosecution case and vehemently opposed for grant of anticipatory bail to the petitioners.
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5.Considering the above fact 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.
6.7. Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- ( Rupees Ten Thousand Only) each to the credit of Crime No.177 of 2025 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.II, Tirupattur 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the Page No.3 of 6
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 appear before the respondent police daily for a period of two weeks and thereafter as and when required for interrogation; [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond 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 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 229A IPC. 14.07.2025 rap Page No.4 of 6
To
1. The Judicial Magistrate No.II, Tirupattur
2. The Inspector of Police, Tirupattur Taluk Police Station, Tirupattur District.
3. The Public Prosecutor, High Court, Madras.
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G.K. ILANTHIRAIYAN , J.
rap 14.07.2025 Page No.6 of 6