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Madras High CourtCRL OP/22016/2025granted

Bairavan @Laddu, v. State Rep.By, The Inspector Of Police,

2025-09-09Honourable Mrs.Justice T.V.Thamilselvi6 pages

CRL OP NO. 22016 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL OP NO. 22016 of 2025 1.Bairavan @Laddu 2.Gowtham 3.Vairamuthu Petitioner(s) Vs State Rep.by, The Inspector of Police, Gudiyatham Taluk Police Station. Vellore District. (Crime No.179 of 2025) Respondent(s) Prayer: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No. 179 of 2025 on the file of the respondent police.

For Petitioner(s): Mr.T Dhasarathan For Respondent(s): Mr.S.Udayakumar, Government Advocate (Crl.Side)

ORDER

The petitioners who apprehend arrest for the alleged offences under Sections 191(2), 296(b), 115 (2), 109(1) and 351(2) of BNS, 2023 in Crime No. 179 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there was a dispute while playing cricket. Due to the same, there was a wordy quarrel between the accused and the defacto complainant.

3.The learned counsel for the petitioners submitted that the petitioners 1 and 3 are brothers and the 2nd petitioner is friends of them. The petitioners have been falsely implicated in this case. The petitioners are ready to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the defacto complainant was attacked by the petitioners and he sustained injuries and admitted in the hospital and discharged from the hospital. Hence, he vehemently opposed to grant bail to the petitioners. 5.Considering the facts and circumstances of the case, and the injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Gudiyatham,Vellore, on condition that the petitioners 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 and on further condition that: (a)the petitioners are directed to deposit a sum of Rs.15,000/- (Rupees fifteen thousand only) to the credit of Crime No. 179 of 2025 before the concerned Magistrate from the date on which this order is made ready and the defacto complainant is permitted to withdraw the said amount. (b)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar Card or Bank pass Book to ensure their identity; (c)The petitioner shall report before the respondent police on alternative days at 10.30 a.m. for a period of eight weeks and thereafter, as and when required for further 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

09-09-2025

To 1.The Judicial Magistrate, Gudiyatham, Vellore District. 2.The The Inspector of Police, Gudiyatham Taluk Police Station.

Vellore District.

(Crime No.179 of 2025) 3.The Public Prosecutor, Madras High Court, Chennai.

Note:

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.

T.V.THAMILSELVI, J.

mps CRL OP NO. 22016 of 2025

09.09.2025