Dinesh v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Dinesh ... Petitioner Vs.

The State represented by, The Inspector of Police, Omarabad Police Station, Omarabad Tirupathur District.

Crime No.281 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Crime No.281 of 2025 on the file of respondent Police. For Petitioner :

Mr.G.Vinodh Kumar For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 304(2) of BNS in Crime No.281 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that due to previous enmity, petitioner along with other accused 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 petitioner.

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 petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, on or before 23.08.2025 before the learned Additional District Munsif Cum Judicial Magistrate, Ambur, on condition 2/5

that the petitioner 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 petitioner 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 petitioner 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 petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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];

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[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.Additional District Munsif Cum Judicial Magistrate, Ambur. 2.The Inspector of Police, Omarabad Police Station, Omarabad Tirupathur District.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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