Sankar v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2025
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.21775 of 2025
1. Sankar
2. Sarasu
3. Sathya
4. Thirumurugan ... Petitioners -vsState Rep by, The Inspector of Police, Aladi Police Station, Cuddalore District.
(Crime No.71 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, 2023, to enlarge the petitioners on anticipatory bail in the event of their in Crime No.71 of 2025 pending on the file of the respondent police. For Petitioners :
Mr.C.R.Gokulvisvas For Respondent :
Mr.S.Udayakumar, Government Advocate (Crl. Side) ********** 1/6
ORDER
The petitioners, who apprehends arrest for the alleged offence punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS, in Crime No.71 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of prosecution is that on 15.06.2025, it is alleged that the defacto complainant was assaulted by the petitioners by using filthy language and made death threatened in which he sustained injuries and subsequently he was admitted in Government Hospital. Hence this case.
3. The learned counsel appearing for petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that there is some previous enemity and the case in counter. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances, and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
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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 (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.II, Virudhachalam, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties (common surety), 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 further condition that:
(a) 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 petitioners shall report before the respondent police as and when requires for interrogation;
(c) the petitioners shall not tamper with evidence or witness either during investigation or trial; 3/6
(d) the petitioners 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 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
11.09.2025 rna 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 4/6
when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To 1.The learned Judicial Magistrate No.II, Virudhachalam. 2.The Inspector of Police, Aladi Police Station, Cuddalore District.
3.The Public Prosecutor, High Court, Madras.
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T.V.THAMILSELVI, J.
rna Crl.O.P.No.21775 of 2025 11.09.2025 6/6