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Madras High CourtCRL OP/21207/2025granted

Parameshwaran v. The State Rep By Its,

2025-09-10Honourable Mrs.Justice T.V.Thamilselvi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Parameshwaran Petitioner(s) Vs The State rep by its, The Inspector of Police, Thiyagadurgam Police Station, Kallakurichi District. Crime No.316 of Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the Petitioner on Bail in the event of his arrest in connection with in Crime No.316 of 2025 pending on the file of the Respondent Police. For Petitioner(s):

Mr.D.Dayalan For Respondent(s):

Mr.S.Udhayakumar Government Advocate (Crl. Side)

ORDER

The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 191(2), 191(3), 296(b), 133, 115(2), 118(1), 351(3) of BNS 2023, (147, 148, 294(b), 355, 323, 324, 506(ii) of IPC, 1860) in Crime No.316 of 2025, seeks anticipatory bail. 2.The case of the prosecution, as alleged, is as follows: The defacto complainant married Mr.Siva on April 18, 2025, against her parents' wishes, leading to a dispute. On July 14, 2025, the parents and neighbours allegedly damaged the complainant's household appliances. A complaint was lodged, and both parties were summoned for an inquiry on July 15, 2025. The petitioner, at the request of others, went to the police station to mediate. During the inquiry, a physical altercation broke out between the complainant and her parents. The petitioner claims to have been a bystander and not participated in the quarrel. However, the defacto complainant filed another complaint, leading to the registration of an FIR on July 15, 2025, in which the petitioner was implicated as an accused.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and a false complaint has been given against him. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate appearing for the respondent would submit that co-accused have been arrested and subsequently enlarged on bail. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances and also of 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 her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Kallakurichi on condition that the petitioner 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, 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 shall report before the respondent Police Station 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.

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.The State rep by its, The Inspector of Police, Thiyagadurgam Police Station, Kallakurichi District. Crime No.316 of 2.The learned Judicial Magistrate No.II, Kallakurichi.

3. The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI J.

gbi CRL OP No. 21207 of 10-09-2025