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Madras High CourtCRL OP/23018/2025granted

Rajavel v. The State Rep By

2025-08-20Honourable Dr Justice G. Jayachandran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.Rajavel 2.Mathan @ Mathankumar 3.Kaliyamoorthy 4.Thamizharasi @ Tamilarasi

...Petitioners/A2 to A5

Vs The State Rep.by The Inspector of Police, Anaikaranchathram Police Station, Mayiladuthurai District.

(Crime No.162 of 2025)

...Respondent/Complainant

Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S, to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No. 162 of 2025 on the file of the Respondent Police. For Petitioner : Mr.J.Ganesh For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) ********* 1/6

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) & 351(3) of BNS in Crime No.162 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant and the 4th and 5th petitioners are relatives. There is a family dispute between the de-facto complainant and his sister's in laws. The petitioners had a wordy quarrel. They were assaulted by the de-facto complainant and his henchmen. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl. Side) submitted that the injured victim has been discharged from the hospital. However, he opposed the grant of anticipatory bail to the petitioners. He further submitted that the co-accused has already been arrested and was granted bail.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the nature of offence and since, custodial interrogation of the petitioners is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on or before 29.08.2025 before the learned Judicial Magistrate, Sirkali on condition that the petitioners shall 3/6

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 learned Magistrate concerned and on further condition that:

[a] if the petitioners fails to surrender before the said Magistrate on or before 29.08.2025, 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 10.30 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 4/6

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 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 20.08.2025 nvi To 1.The Judicial Magistrate, Sirkali.

2. The Inspector of Police, Anaikaranchathram Police Station, Mayiladuthurai District.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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