Jaiganesh v. State By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2025
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.Jaiganesh 2.Ramamoorthy 3.Murugesan 4.Udayakumar 5.Vanathi ... Petitioners Vs.
The State rep by, The Inspector of Police, Ambur-All Women Police Station, Tirupathur District.
(Crime No.19 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.19 of 2025 on the file of respondent Police. For Petitioners :
Mr.D.Thirumoorthy For Respondent :
Mr.S.Udayakumar Government Advocate (Crl.Side) 1/6
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 75, 82, 85, 115(2) and 296(b) of BNS Act, 2023 (354A, 494, 498A, 323 and 294 of IPC, in Crime No.19 of 2025, on the file of the respondent Police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant is the legally wedded wife of the first petitioner and that was a lover marriage. Through the wedlock, the couple is blessed with a male child aged 1 1⁄2 years. Further it is alleged that the first petitioner is leading his life with the fifth petitioner and that his parents are in support of him, which was questioned by the defacto complainant, there arose a wordy quarrel and she was threatened with dire consequences. Hence, the complaint.
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 (Criminal Side) appearing for the respondent police while opposing for granting anticipatory bail to the petitioners, reiterated the prosecution case.
5. Heard the learned counsels and perused the materials available on record.
6. Considering the submissions made on either side, 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 28.08.2025, before the learned Judicial Magistrate, Ambur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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: 3/6
[a] if the petitioners fail to surrender before the concerned Magistrate on or before 28.08.2025, 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 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.
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To 1.The Judicial Magistrate, Ambur.
2.The Inspector of Police, Ambur-All Women Police Station, Tirupathur District.
(Crime No.19 of 2025) 3.The Public Prosecutor, High Court of Madras.
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Dr.G.JAYACHANDRAN, J.
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