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Madras High CourtCRL OP/22827/2025granted

A.Prasanth, v. State Rep By The Inspector Of Police,

2025-08-18Honourable Dr Justice G. Jayachandran7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.A.Prasanth 2.Hariharan ... Petitioners Vs.

The State represented by, The Inspector of Police, Arni Town Police Station, Tiruvannamalai District.

Crime No.288 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners/A2-A3 on bail in the event of their arrest pending investigation in Crime No.288 of 2025 on the file of respondent Police.

For Petitioners :

M/s.Rebecca For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

Money dispute between relative has led to registration of complaint on 09.06.2025 for the offences under sections 296 (b), 115 (2), 118 (1) and 351 (3) of BNS, 2023, on the complaint given by one Ashok Kumar. 1/7

2.The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and had been falsely implicated in this case. He further submits that custodial interrogation of the petitioners is not required. Hence, he prayed for grant of anticipatory bail to the petitioners. 3.The learned Government Advocate (Criminal Side) appearing for the respondent police states that the injured has been discharged from hospital and the prime accused already been granted bail. However, he opposed for grant of anticipatory bail to the petitioners.

4. Heard the learned counsels and perused the materials available on record.

5.Considering the nature of offence, the fact that injured has been discharged from hospital and since, custodial interrogation of the petitioners is not required, 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, on or before 28.08.2025, before the learned Judicial Magistrate, Arni, on condition that the petitioners shall execute a 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 learned Magistrate concerned, and on further condition that:

[a] if the petitioners fail to surrender before the concerned Magistrate on or before 28.08.2025, 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 petitioners shall report before the respondent Police daily at 10.00 a.m. until further orders; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 3/7

SCC 283];

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

18.08.2025 ep 4/7

To 1.The Judicial Magistrate Arni.

2.The Inspector of Police, Arni Town Police Station, Tiruvannamalai District.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

ep 6/7

18.08.2025 7/7