Pazhanivel v. State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Pazhanivel, aged 37 years, S/o. Veerasamy, Karai Nagar Thirupoondi, Kilvelur Taluk Nagapattinam District.

2. Sudhakar, aged 34 years, S/o. Veerasamy Karai Nagar, Thirupoondi, Kilvelur Taluk, Nagapattinam District.

3. Veerasamy, aged 59 years, S/o. Rengan Kulathumettu Street, Tholuthur Thirukkuvalai Taluk, Nagapattinam District.

4. Srikanth, aged 23 years, S/o. Veerasamy Kulathumettu Street, Tholuthur Thirukkuvalai Taluk, Nagapattinam District.

... Petitioners/Accused 1 to 4 Vs.

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State by the Inspector of Police, Valivalam Police Station Nagapattinam District.

Crime No.142 of 2025

...Respondent/Complainant

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of arrest in relating to Crime No.142 of 2025 pending investigation on the file of the respondent.

For Petitioners :

M/s.V.Suguna For Respondent :

Mr.S.Udaya Kumar.

Government Advocate (Crl. Side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police, for the alleged offences punishable under Sections 296(b), 118(1), 74, and 351(3) of the Bharatiya Nyaya Sanhita (BNS) 2023, in Crime No.142 of 2025 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the occurrence took place on 26.06.2025, when there was a dispute between the two families regarding the property.

3.The learned Government Advocate (Crl.Side) states that the 2/6

injured person has been discharged from the hospital and there is a counter case in Crime No.143 of 2025.

4.Considering the nature of the case and the fact that the petitioner has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, on or before 21.08.2025 before the learned District Munsif-cum-Judicial Magistrate, Thirukkuvalai, on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a likesum 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:

(a)If the petitioners fail to surrender before the concerned Magistrate on or before 21.08.2025, this Order shall stand automatically cancelled;

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(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 identify proofs to ensure their identity; (c)The petitioners shall report before the respondent police as and when required for interrogation;

(d)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];

(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

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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 District Munsif-cum-Judicial Magistrate, Thirukkuvalai. 2.The Inspector of Police, Valivalam Police Station Nagapattinam District. 3.The Public Prosecutor, High Court of Madras. 5/6

Dr.G.JAYACHANDRAN, J.

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