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Madras High CourtCRL OP/20774/2025granted

Arunkumar Dayalan v. State Rep By, The Inspector Of Police,

2025-09-09Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL OP No. 20774 of 2025 Arunkumar Dayalan

...Petitioner(s)

Vs State, Rep by The Inspector of Police, Kanakammachathiram Police Station, Thiruvallur District.

(Crime No.114/2025).

...Respondent(s)

Prayer: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.114 of 2025 on the file of the respondent police.

For Petitioner(s) :

Mr.S.N. Subramani For Respondent(s):

Mr.S.Udayakumar, Government Advocate (Crl.Side) 1\6

ORDER

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b),115(2), 351(2) of BNS r/w 4 of TNPWH Act in Crime No. 114 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the defacto complainant and the accused due to some disputes. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner and the defacto complainant are relatives. Due to previous enemity between them, a false case has been registered against the petitioner. The petitioner is innocent persons and they are no way connected with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent Police would submit that the petitioner and the defacto complaisant are relatives. Due to wordy quarrel, there was a dispute. A1 and A2 granted 2\6

Anticipatory Bail by the learned Principal District Judge, Thiruvallur. However, he vehemently opposed to grant anticipatory bail to the petitioner. 5.Taking into consideration the facts of the case and the submissions made by the learned counsel. this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, 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, Tirutani, on condition that the petitioner shall execute 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 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 is directed to report before the 3\6

respondent police on every Saturday at 10.30 a.m. for a period of eight weeks and thereafter 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 petitioner in accordance with law as if the 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)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

09-09-2025 mps 4\6

To 1.The Judicial Magistrate, Tirutani.

2.The Inspector of Police, Kanakammachathiram Police Station, Thiruvallur District.

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

Note:

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.

5\6

T.V.THAMILSELVI, J.

mps CRL OP No. 20774 of 2025 09.09.2025 6\6