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Madras High CourtCRL OP/18277/2025granted

Srinivasan v. State Rep By, The Inspector Of Police,

2025-07-14Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K. ILANTHIRAIYAN

1. Srinivasan

2. Jayavel ... Petitioners

Versus

State rep. by, The Inspector of Police, Vaniyambadi Taluk Police Station, Vaniyambadi, Thirupathur District.

(Cr.No.216 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.216 of 2025 on the file of respondent Police.

For Petitioners : Mr.Vinod Kumar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) *****

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), Page No.1 of 6

115(2), 118(1) and 351(2) of BNS in Crime No.216 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the defacto complainant, due to which the petitioners assaulted the defacto complainant using hands. 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 he submitted that the injured has been discharged from hospital and vehemently opposed for grant of anticipatory bail to the petitioners.

5.Considering the above fact and circumstances of the case and Page No.2 of 6

since custodial interrogation of the petitioners is not required, 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 days from the date on which the order copy is made ready, before the learned Court of Judicial Magistrate, Vaniyambadi, 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 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; Page No.3 of 6

[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 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 229A IPC. 14.07.2025 rap Page No.4 of 6

To

1. The Judicial Magistrate, Vaniyambadi

2. The Inspector of Police, Vaniyambadi Taluk Police Station, Vaniyambadi, Thirupathur District.

3. The Public Prosecutor, High Court, Madras.

Page No.5 of 6

G.K. ILANTHIRAIYAN , J.

rap 14.07.2025 Page No.6 of 6