T.Gajendran v. State Rep.By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN

1. T.Gajendran

2. G.Gowri

3. Rajesh

4. Tamil Selvan@ Selvam

5. Hemapriya R

6. T.Sarasa ... Petitioners Vs.

The State represented by, The Inspector of Police, K9 Thiru Vi Ka Police Station, Chennai.

Crime No.214 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in connection with Crime No.214 of 2025 on the file of respondent Police. For Petitioners :

Mr.M.Durga Devi For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 126, 296(b), 115(2), 118(1), 1/5

303(2), 351(2) of BNS in Crime No.214 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that, due to previous enmity, petitioners attacked the defacto complainant, due to which, defacto complainant sustained injuries. Hence, the case.

3. The learned Government Advocate (Crl. Side) submitted that the injured victim has been discharged from the hospital. Hence, he opposed for grant of anticipatory bail to the petitioners.

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

5.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.

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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 23.08.2025 before the learned V Metropolitan Magistrate, Chennai, 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] if the petitioners fails to surrender before the said Magistrate on or before 23.08.2025, 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 as and when required for interrogation; [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 3/5

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.

14.08.2025 sma To 1.V Metropolitan Magistrate, Chennai.

2.The Inspector of Police, K9 Thiru Vi Ka Police Station, Chennai.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

sma 14.08.2025 5/5