Madras High CourtCRL OP/21380/2025granted

Dineshkumar v. The State Represented By The Inspector Of Police

2025-09-10Honourable Mrs.Justice T.V.Thamilselvi11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI D.Dineshkumar ... Petitioner Vs.

The State Rep. By, The Inspector of Police, F-3, Nungambakkam Police Station, Chennai.

Crime No.335 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.335 of 2025 on the file of the respondent police pending investigation.

For Petitioner :

Mr.Sathish Rajan For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side) 1/11

O R D E R

Today, the matter is listed under the caption "for being mentioned", at the instance of the learned counsel for the petitioner.

2. It is brought to the notice of this Court that some error has been crept in paragraph No.1 of the order dated 10.09.2025. The said paragraph No.1 is to be replaced as follows:

" The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 115(2), 118(1), 109, 324(4) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and the same was altered as Section 191(2), 296(b), 115(2), 118(1), 109, 324(4) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 3 of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, in Crime No.335 of 2025, on the file of the respondent Police, seeks anticipatory bail."

3. Registry is directed to incorporate the above paragraph No.1 quoted above and issue fresh order copy to the parties forthwith. 2/11

4. In other respects, the order dated 10.09.2025 shall remain unaltered.

26.09.2025 rri To 1.The XIV Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police, F-3, Nungambakkam Police Station, Chennai.

3.The Public Prosecutor, High Court of Madras.

3/11

T.V.THAMILSELVI, J.

rri 26.09.2025 4/11

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI D.Dineshkumar ... Petitioner Vs.

The State Rep. By, The Inspector of Police, F-3, Nungambakkam Police Station, Chennai.

For Petitioner :

Mr.Sathish Rajan For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side) 5/11

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 115(2), 118(1), 109, 324(4) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and the same was altered as Section 191(2), 296(b), 115(2), 118(1), 109, 324(4) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 in Crime No.335 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, along with other accused, is alleged to have attacked one M/s.Selva Bharati on 22.05.2025 during a drunken brawl at Lord of Drinks Bar, Nungambakkam High Road, Chennai. Hence, the present complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, reiterated the prosecution case and opposed the grant of 6/11

anticipatory bail to the petitioner.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the nature of the complaint, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) as non-refundable deposit to the credit of Advocates Clerks Association, High Court of Madras, and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of ten days from the date of receipt of a copy of this order before the learned XIV Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] if the petitioner fails to surrender before the 7/11

concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[c] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of eight weeks, and thereafter as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 10.09.2025 8/11

cda To 1.The XIV Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police, F-3, Nungambakkam Police Station, Chennai.

3.The Public Prosecutor, High Court of Madras.

9/11

T.V.THAMILSELVI, J.

cda 10/11

10.09.2025 11/11