Subramanian v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Subramanian S/o. Kuppusamy, 15, Molakuttai, Ganapathypalayam, Velampalayam, Tiruppur District - 638103. and another

2. Selvan S/o.Theivasigamani, 270/1, Kaliyampalayam, Velampalayam, Kunnathur, Tiruppur District - 638 103.

Petitioner(s) Vs

1. The State Represented by The Inspector of Police, Kunnathur Police Station, Tiruppur District. Crime No. 268 of 2025.

Respondent(s) PRAYER To grant Anticipatory Bail to the petitioners in the event of their arrest or on

their appearance before any court in connection with the case in Crime No. 268 of 2025 pending investigation on the file of the respondent police and thus render justice.

For Petitioner(s):

N.S.Suganthan K.Naveenkumar Mohamed Bilal R For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) @ 191(2), 191(3), 296(b), 115(2), 118(2) and 351(3) of BNS in Crime No.268 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. In connection to the misbehavior of the defacto complainant with the first petitioner's wife, the petitioners herein attacked the defacto complainant leading to registration of the case in Crime No.268 of 2025.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they had 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.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police states that the injured has been discharged from the hospital. However, opposed for grant of anticipatory bail to the petitioners.

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

6. Considering the submissions made by the learned counsel appearing on either side, this Court is inclined to grant anticipatory bail to the petitioners subject to 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 17.10.2025 before the learned District Munsif-cum-Judicial Magistrate Court, Uthukuli, 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, failing which, the petition for the anticipatory bail shall stand dismissed and on further condition that:

(a) If the petitioners fails to surrender before the concerned Magistrate on or before 17.10.2025 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police as and when required for interrogation; (d) The petitioners shall not abscond either during investigation or trial and he shall make himself available for interrogation by a police officer as and when required; (e) The petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or

trial;

(f) the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; (g) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the 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 v. State of Kerala [(2005) AIR SCW 5560];

(h) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

24-09-2025 mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The District Munsif-cum-Judicial Magistrate Court, Uthukuli. 2.The State Represented by The Inspector of Police, Kunnathur Police Station, Tiruppur District. Crime No. 268 of 2025.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 23125 of 24-09-2025