Dhakshinamoorthy v. State, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2025

CORAM

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

The State Rep. by, The Inspector of Police, R10, MGR Nagar Police Station, Chennai District.

Crime No.201 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 apprehending arrest in Crime No.201 of 2025 on the file of respondent Police. For Petitioner :

Mr.A.Tamilselvan For Respondent :

Mr.S.Vinoth Kumar Government Advocate (Criminal Side)

O R D E R

The petition for anticipatory bail in Crime No.201 of 2025 for the alleged offence punishable under Sections 296(b) and 351(2) of BNS r/w Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 1988, on the file of the 1/4

respondent police.

2. The learned Government Advocate (Crl.Side) submits that the defacto complainant in the hostel run by the petitioner herein had a quarrel regarding the payment of rent. In the case of the said quarrel, the petitioner threw out all the belongings of the defacto complainant and also abused her.

3. Considering the nature of the complaint, this Court is inclined to grant anticipatory bail subject to certain conditions:

4. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 28.08.2025 before the learned XXIII Metropolitan Magistrate Court, Egmore, Chennai, 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 said Magistrate on or before 28.08.2025, this Order shall stand automatically cancelled;

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[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 order; [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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Dr.G.JAYACHANDRAN, J.

drl To 1.The XXIII Metropolitan Magistrate Court, Egmore, Chennai.

2.The Inspector of Police, R10, MGR Nagar Police Station, Chennai District.

3. The Public Prosecutor, High Court of Madras.

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