S. Anish v. State Rep By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN S.Anish ... Petitioner Vs.

The State represented by, The Inspector of Police, Tazhambur Police Station Chengalpattu Crime No. 202 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No. 202 of 2025 on the file of respondent police.

For Petitioner :

M/s. Mukesh Kannah For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

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The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 329(4), 296(b), 115(2), 351(2) of BNS Act, 2023 r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No. 202 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that there is a property dispute between the defacto complainant and the petitioner and others for the past four years. Due to such previous enmity, the petitioner along with others unlawfully entered her house with weapons and attacked the defacto complainant and her children. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He submits that he has not committed any offence as alleged by the prosecution. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Criminal side) states that the injured has been discharged from the hospital. He also states that the investigation in this case is not yet completed. Hence, he opposed to grant anticipatory bail to the petitioner.

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

6. The petitioner herein is a named accused in Crime No. 202 of 2025 dated 24-06-2025. The dispute between the neighbours regarding property had led to altercation on 24.06.2025 causing injury to the defacto complainant. The learned Government Advocate (Crl.side) states that injured has been discharged from the hospital. Considering the allegations as against this petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of 10 (ten) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruporur on condition 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 learned Magistrate concerned and on further condition that:

(a) If the petitioner fails to surrender before the 3/6

concerned Magistrate, within a period of 10 days from the date of receipt of a copy of this order, 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 10.00 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 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]; [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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25.08.2025 nr To 1.The Judicial Magistrate, Thiruporur

2. The Inspector of Police, Tazhambur Police Station Chengalpattu

3. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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