Ganesan 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. Ganesan

2. Anusya

3. Narayanan

4. Umamaheswari ... Petitioners/ Accused Vs.

The State Represented by, The Inspector of Police, K-9, Thiru-Vi-Ka Nagar Police Station, Chennai.

(Crime No.183 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.183 of 2025 on the file of respondent Police.

For Petitioners : Mr. Anand Kumar 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(2), 115(2), 118(1) and 351(3) of BNS and under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.183 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 tenant under the second petitioner herein. On account of landlord - tenant dispute, there arose a wordy quarrel between the petitioners and the defacto complainant and thereby the petitioners abused, assaulted the defacto complainant and her husband one Dakshnamoorthy and threatened them of dire consequences. Hence, this case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent 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 and sought for anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that on account of tenant - landlord dispute, the petitioners have abused and assaulted the defacto complainant and her husband. He further submitted that there is no injury to anyone and the investigation is pending.

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

6. Considering the facts of the case, the nature of complaint and the submissions made by the learned counsel appearing on either sides, 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 04.09.2025 before the learned V Metropolitan Magistrate, Egmore, Chennai on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction 3/6

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: [a] if the petitioners fail to surrender before the concerned Magistrate on or before 04.09.2025, 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 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];

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[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 V Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, K-9, Thiru-Vi-Ka Nagar Police Station, Chennai.

(Crime No.183 of 2025).

3. The Public Prosecutor, High Court of Madras.

Dr. G. JAYACHANDRAN, J., 5/6

stn 21.08.2025 6/6