Ponnuswamy v. State Represented By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.23079 of 2025 1.Ponnuswamy 2.Arjunan 3.Sudhakar ... Petitioners Vs.

The State of Tamil Nadu Rep.by The Inspector of Police, Chithamur Police Station, Chengalpattu District.

Crime No.276 of 2024 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of arrest in Crime No.276 of 2024 pending on the file of the respondent Police.

For Petitioners :

Mr.Ajith Kumar For Respondent :

Mr.S.Vinoth Kumar Government Advocate (Criminal Side) 1/4

O R D E R

The petitioners apprehending arrest for the alleged offence under Sections 296(b), 115(2), 118(1) and 351(3) of BNS and r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.276 of 2024, seek anticipatory bail.

2. The learned Government Advocate (Crl.side) appearing for the respondent Police submits that the petitioners approached this Court earlier and sought for anticipatory bail which was positively considered by this Court in Crl.O.P.No.5034 of 2025 vide order dated 26.02.2025, however, the petitioners have not furnished the sureties. The respondent Police had completed the investigation and final report was filed. While so, the second anticipatory bail was filed by the petitioners before this Court stating that the offence mentioned in the earlier anticipatory bail petition as Section 351 (2) BNS is not correct and the final report is filed for the offence under Section 351(3) BNS.

3. In any event, this Court is satisfied that the respondent Police had not sought for arrest of the petitioners. The apprehension of likelihood of arrest is not 2/4

available in this case. Further, the investigation was completed and the final report has been filed which is yet to be taken on file. In the said circumstances, this Court is of the view that there is no necessity for grant of anticipatory bail. It is left open to the petitioners to appear before the Lower Court and participate in the trial on receipt of summons.

4. Accordingly, this Criminal Original Petition stands dismissed. 20.08.2025 ssb 3/4

Dr.G.JAYACHANDRAN , J.

ssb To 1.The Inspector of Police, Chithamur Police Station, Chengalpattu District.

2.The Public Prosecutor, High Court of Madras.

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