Senthamarai v. State Rep.By, The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR 1.Senthamarai 2.Kalyani 3.Ilavazhagi 4.Ashok Kumar .. Petitioners/A1 to A4 Vs.

The State Rep by, Station House Officer, Nedungadu Police Station, Puducherry.

(Crime No.77 of 2025) .. Respondent 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 in Crime No.77 of 2025 on the file of the respondent police.

For Petitioners : Mr.Yuva Raj For Respondent : Mr.M.V.Ramachandramurthy Additional Public Prosecutor (Pondy) Page No.1 of 6

ORDER

The petitioners were apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 115(2), 76 r/w 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 (323, 354-B r/w 34 of Indian Penal Code) in Crime No.77 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that there is a dispute between the petitioners and the de facto complainant regarding the parking of a vehicle, which resulted in a wordy quarrel. Furthermore, the petitioners and the de facto complainant assaulted each other and sustained injuries. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent, have not committed any offence, as alleged by the prosecution and have been falsely implicated in this case. He further submits that it is a case of case in counter. The petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners. Page No.2 of 6

4. Learned Government Advocate (Crl.Side) appearing for the respondent Police while opposing the grant of anticipatory bail to the petitioners reiterated the prosecution case.

5. Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, 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 made ready, before the learned Judicial Magistrate-II, Karaikal, 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 proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled;

[b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

[c] Petitioners 1 to 3 shall report before the respondent Police as and when required for interrogation; the 4th petitioner shall report before the respondent Police for a period of two weeks and thereafter, as and when required for further interrogation;

[d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioners shall make himself available for interrogation by a Police office as and when required; [f] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] the petitioners shall not abscond either during investigation or trial;

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[h] 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 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];

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

31.07.2025 cda To 1.The Judicial Magistrate-II, Karaikal.

2.The Station House Officer, Nedungadu Police Station, Puducherry.

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

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M.NIRMAL KUMAR, J.

cda 31.07.2025 Page No.6 of 6