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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. KANNAN

2. RAMACHANDRAN

3. MALATHI Petitioners Vs State Rep by, The Inspector of Police, T14, Pallikaranai Police Station.

Chennai. (Crime No. 428 of 2025).

Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of BNSS Act, 2023 / Section 438 of Cr.P.C., to enlarge the petitioners on bail in the event of their arrest by the Respondent Police concerned in Crime No.425 of 2025 on the file of the Inspector of Police, T-14, pallikaranai Police Station, Chennai. For Petitioner(s):

Mr.A Murugavel For Respondent(s):

Mr. S.Udayakumar Government Advocate (Crl.side)

ORDER

The petitioners, who apprehend arrest for the alleged offences under Sections 296(b), 115(2) and 351(3) of BNS Act, 2023 in Crime No.428 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 16.07.2025, the petitioners abused the defacto complainant in filthy, obscene language and assaulted and also threatened the defacto complainant with dire consequences. Hence, the case.

3.The learned counsel appearing for the petitioners submits that they have no way connected with the alleged occurrence and they have been falsely implicated in this case. Hence, prayed for anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submits that the petitioners and the de facto complainant had a wordy quarrel with regard to family dispute, as a result of which the latter was attacked and injured. However, he opposed for granting anticipatory bail to the petitioners.

5.Considering the facts and circumstances of the case, this Court is inclined to grant the anticipatory bail with a condition that A1 is directed to go for Mediation and Conciliation Centre, Chennai. 6.Both the parties are directed to appear before the Mediation and Conciliation Centre, Chennai on 22.09.2025. The learned Government Advocate (Crl.side) is directed to inform the defacto complainant to go for Mediation. Mrs.Sasi Devi is appointed as Mediator.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the Judicial Magistrate-II, Alandur 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 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 Court concerned may obtain a copy of their Aadhar

card or Bank pass Book to ensure their identity; (b)the petitioners are directed to appear 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 anticipatory 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

10-09-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

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.State Rep by, The Inspector of Police, T14, Pallikaranai Police Station.

Chennai. (Crime No. Not Known of 2025).

2.The Judicial Magistrate-II, Alandur.

3.The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI J.

gbi CRL OP No. 21230 of 10-09-2025