Nantha @ Nantha Kumar v. State By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-07-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN

1. Nantha @ Nantha Kumar

2. VINOTH

3. MUNIVEL

4. RAVAKILLI

5. SELVI Petitioners Vs State by, Inspector of Police, Gummidipoondi Police Station, Thiruvallur District. Crime No. 151 of 2025.

Respondent(s) 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 by the respondent police concerned in Crime No.151 of 2025 on the file of Inspector of Police, Gummidipoondi Police Station, Thiruvallur District.

For Petitioners:

Mr.Sasikumar S For Respondent(s):

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 Section 329(4), 191(2), (3), 296(b), 118(1) and 351(3) of BNS Act 2023 and Section 4 of TNPHW Act 2002 in Crime No.151 of 2025, seeks anticipatory bail. 2.

The case of the prosecution is that the defacto complainant lodged a complaint against the petitioners stating that they trespassed into her property without permission and harassed the defacto complainant in obscene words and criminally intimidated her by threatening her with a stick. It is further alleging that the petitioners assaulted the defacto complainant with hands. Hence, the complaint.

3.

The learned counsel for the petitioners would submit that the petitioners also lodged a complaint against the defacto complainant and the same was registered in Crime No.152 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 petitioners. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and confirms that on the complaint given by the petitioners, a case has been registered and the case is investigated as case and counter by the respondent.

5.

Considering that there is a counter case and since, custodial interrogation of the petitioners is not required for the purpose of investigation, 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 District Munsif cum Judicial Magistrate, Gummidipoondi, on condition that the petitioners

shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 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 petitioners 1 and 2 shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation and as regards the petitioners 3 to 5 are concerned that they shall report before the respondent police as and when required for interrogation;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner 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 269 BNS.

14-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State by, Inspector of Police, Gummidipoondi Police Station, Thiruvallur District. Crime No. 151 of 2025.

2.The District Munsif cum Judicial Magistrate, Gummidipoondi.

3.The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN J.

gbi CRL OP No. 18738 of 14-07-2025