S. Punitha v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

THE HON'BLE DR. JUSTICE G. JAYACHANDRAN

1. S. Punitha

2. Karthik Selvaraj ... Petitioners/ Accused Vs.

The State Represented by, The Inspector of Police, T-14 Pallikarnai Police Station, Pallikarnai District.

(Crime No.432 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 their arrest in connection with Crime No.432 of 2025 on the file of respondent Police.

For Petitioners : M/s. N. Varuni For Respondent : Mr. S. Vinoth Kumar 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 296(b), 115(2), 303(2) and 351(2) of BNS in Crime No.432 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a tenant under the petitioners herein and on account of dispute between the landlord and tenant has laid to registration of this case.

3. The learned counsel appearing for the petitioners submitted that the petitioners herein are the owners of the property, who have gone to the premises and asked the defacto complainant to vacate the premises and in the course of that, there had been altercation between the persons support of the defacto complainant and the petitioners. She further submitted that there is a case in counter registered in Crime No.433 of 2025 on the file of the respondent police against the defacto complainant and his supporters. She further submitted that the petitioners are ready to abide by any conditions that 2/6

may be imposed by this Court and sought for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for granting anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the injured sustained simple injury and discharged from hospital and there is a case in counter.

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

6. Considering the fact that there is a counter case and taking note of the fact that the injured was discharged from the hospital, 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 02.09.2025 before the learned Judicial Magistrate Court-II, Alandur on condition that the 3/6

petitioners 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 petitioners fail to surrender before the concerned Magistrate on or before 02.09.2025, 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 10.00.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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by 4/6

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 abscond, a fresh FIR can be registered under Section 269 of B.N.S. 21.08.2025 stn To

1. The Judicial Magistrate -II, Alandur.

2. The Inspector of Police, T-14 Pallikarnai Police Station, Pallikarnai District.

(Crime No.432 of 2025).

3. The Public Prosecutor, High Court of Madras.

5/6

Dr. G. JAYACHANDRAN, J., stn 21.08.2025 6/6