M.Dineshkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN M.Dineshkumar ... Petitioner -VsState rep by The Inspector of Police, Saravanamapatti Police Station, Coimbatore District.

(Cr.No.307 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.307 of 2025 on the file of respondent Police.

For Petitioner : Mr.D.Chandrakanth For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) *****

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable u/s 296(b), 118(1), 351(3) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Page No.1 of 6

Women Act, in Crime No.307 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that on 05.06.2025 the petitioner went to the place of the defacto complainant, at that time, there was a wordy quarrel between them and he had also assaulted the defacto complainant and threatened her with dire consequences. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured has been discharged from Hospital. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case and also taking note of the fact that the injured has been discharged from the Page No.2 of 6

hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner shall file an undertaking affidavit before the Trial Court that he will not indulge in any similar offence any further and on such filing, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate/Additional Mahila Court, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood related 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 petitioner 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 petitioner shall file an undertaking Page No.3 of 6

affidavit before the Trial Court that he will not indulge in any similar offence any further ;

[c] the petitioner shall appear before the respondent police everyday at 10.30 a.m. for a period of four (4) weeks and thereafter, as and when required for interrogation;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial; [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 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)13 SCC 283;

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 14.07.2025 sp Page No.4 of 6

To 1.The Judicial Magistrate/Additional Mahila Court, Coimbatore.

2.The Inspector of Police, Saravanamapatti Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

G.K.ILANTHIRAIYAN, J.

sp 14.07.2025 Page No.6 of 6