Dilip v. The 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.G. DILIP 2.S.Suresh 3.G.Umarani 4.S.Kavitha Petitioner(s) Vs The State Rep. by The Inspector of Police Gudiyatham Taluk Police Station, Vellore District, (Crime No.183 OF 2025).
Respondent(s) 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.183 OF 2025 on the file of the respondent police. For Petitioner(s):
Mr.K Sathish Kumar For Respondent(s):
Mr.S.Udayakumar Government Advocate(Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 191(2), 296(b), 115(2), 118(1) & 351(3) of BNS Act in Crime No.183 of 2025, seek anticipatory bail.
2.
The case of the prosecution is that there was a wordy quarrel between the petitioners and the defacto complainant with regard to passage of water in the agricultural land and the petitioners attacked the defacto complainant. Hence, the case.
3.
The learned counsel for the petitioners would submit that the petitioners also lodged a complaint against the defacto complainant and the same was also registered in Crime No.184 of 2025 and in order to counter that, the present complaint has been lodged by the defacto complainant and that in any case, there are no injuries sustained by the defacto complainant and custodial interrogation of the petitioners are not required for the purpose of investigation.
4.
The learned Government Advocate (Crl. Side) for the respondent confirms that on the complaint given by the petitioners, a case in Crime No.184 of 2025 has been registered and the case is investigated as case and counter by the respondent and that the defacto complainant sustained minor injuries. However, he opposed for grant of anticipatory bail. 5.
Heard the learned counsel for the petitioner and the learned
Government Advocate (Crl.side) for the respondent and perused the materials available on record.
6.
Considering that it is a case of case and counter and that the injury sustained by the defacto complainant is minor in nature and the custodial interrogation of the petitioners are not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners on the following conditions:
[a] 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 is made ready, before the Judicial Magistrate Gudiyatham, Vellore, Vellore District, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [b] the petitioners 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. [c] the petitioners shall report before the respondent police as and when required for interrogation.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioners shall not abscond either during investigation or trial. [f] 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 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];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
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 The Inspector of Police Gudiyatham Taluk Police Station, Vellore District, (Crime No.183 OF 2025).
2.The Judicial Magistrate Gudiyatham, Vellore, Vellore District.
3.The Public Prosecutor, High Court of Madras.
T.V.THAMILSELVI J.
gbi CRL OP No. 21462 of 10-09-2025