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Madras High CourtCRL OP/23640/2025granted

Krishnan v. The State Represented By Its, Inspector Of Police

2025-08-26Honourable Dr Justice G. Jayachandran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.23640 of 2025

1. Krishnan

2. Chandran

3. Jagadeesh ... Petitioners Vs.

The State rep.by its Inspector of Police, Thiruthani Police Station, Thiruvallur District.

... Respondent (Cr.No.392 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Cr.No.392 of 2025 pending investigation on the file of the respondent.

For Petitioners :

Mr.Rajinikanth For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl.Side) 1/6

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) r/w Section 4 of Tamilnadu Harassment of Women Act, in Crime No.392 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The complaint received from Parvathi alleging that due to property dispute, the petitioners herein along with one Nagaraj came to the house of the defacto complainant at 08.30 a.m. on 02.08.2025 and attacked the defacto complainant and her mother and also molested the modesty of the complainant's mother. The case been registered in Cr.No.392 of 2025 for the offence under Sections 296(b), 118(1) and 351(3) r/w Section 4 of Tamilnadu Harassment of Women Act .

3. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that A3 Nagaraj was arrested and released on bail. He further submitted that the injured person got discharged in a stay after eight switches on the forehead for her injury. However, he opposed to grant bail to the petitioners. 2/6

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

5. Considering the fact that the dispute between the neighbours regarding property and the injured person discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days (10) from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruthani on condition that each of the petitioners shall execute separate bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that [a] if the petitioners fail to surrender before the concerned Magistrate within a period of ten 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 3/6

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 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. 26.08.2025 Vv To 4/6

1.The Judicial Magistrate, Thiruthani.

2. The Inspector of Police, Thiruthani Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court of Madras.

5/6

Dr.G.JAYACHANDRAN, J.

Vv Crl.O.P.No.23640 of 2025 26.08.2025 6/6