B.Mariyappan v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :08.09.2025
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI 1.B.Mariyappan 2.V.Prema 3.B.Yasodha 4.S.Mariyammal ... Petitioner/A1,3 to 5 Vs.
The State rep by, The Inspector of Police, Cheyyur Police Station, Chengalpet District.
(Crime No.101 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of B.N.S.S, to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.101 of 2025 on the file of the respondent police. For Petitioners : Mr.M.D.Ilayaraja For Respondent : Mr.Udayakumar Government Advocate (Crl.Side) **********
O R D E R
The petitioners, who apprehend arrest for the alleged offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1) & 351(3) of BNS r/w Section 4 of TNPHW Act, 2002 altered into Sections 191(2), 191(3), 296(b), 115(2), 118(1) & 351(3) & 190(2) of BNS (Under Sections 147, 148, 294(b), 323, 324, 506(II) & 307 of IPC) r/w Section 4 of TNPHW Act, 2002, in Crime No.101 of 2025, on the file of the respondent police, seeks anticipatory bail.
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2. It is the case of the prosecution that the de-facto complainant and the accused family are close relatives. Since the de-facto complainant did not attend the house-warming ceremony of one Venkatesan, a dispute arose between them. It is further alleged that the petitioners/accused went to the de-facto complainant's house, uttered abusive words against him, attacked him with a knife and a wooden log, caused injuries, and also threatened him with dire consequences. Hence, the present case was registered.
3. The learned counsel appearing for the petitioners submits that the petitioners are an innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate appearing for the respondent has vehemently opposed the grant of anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate, 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, before the learned District Munsif Cum Judicial Magistrate, Cheyyur, on condition that the petitioners shall execute a 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:
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[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 are directed to report before the respondent police 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 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.. 08.09.2025 nvi 3/5
Note :
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To
1. The Inspector of Police, Cheyyur Police Station, Chengalpet District.
2.The District Munsif Cum Judicial Magistrate, Cheyyur
3. The Public Prosecutor, High Court of Madras.
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T.V.THAMILSELVI,J.
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