Ganthi v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-08-2025

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN

1. Ganthi

2. Suriya @ Jayasuriya

3. Vilvarani Petitioner(s) Vs The State Rep. By, The Inspector of Police, Melpati Police Station, Vellore District.

(Crime No 107 of 2025).

Respondent(s) 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 Crime No. 107 of 2025 on the file of the respondent police. For Petitioner(s):

Mr.K.Sathish Kumar 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 Section 191(2), 191(3), 296(b), 115(2), 118(1), 109(1) & 351(3) of BNS Act r/w Section 4 Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.107 of 2025 on the file of the respondent Police, seek anticipatory bail.

2. Due to previous enmity, two groups clashed and the respondent police registered a case and case-in-counter. These petitioners are accused in Crime No.107 of 2025, wherein four persons were injured and hospitalized for six days. Out of which, the FIR reveals that the petitioners 1 and 2 have used knife and attacked the injured persons, whereas, the third petitioner had used her hand. While three of the accused are arrested, the rest are still absconding.

3. Heard the learned counsel on either side and perused the materials available on record.

4. The anticipatory bail petition, on consideration, is partly allowed

granting anticipatory bail to the third petitioner, namely Vilvarani. Insofar as petitioners 1 and 2, namely Ganthi and Suriya are concerned, they have used knife to attack the victim and, therefore, the anticipatory bail petition in respect of petitioners 1 and 2 stands dismissed.

5. Accordingly, the third petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of 10 days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Gudiyatham, Vellore District, on condition that the third petitioner 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 third petitioner fails to surrender before the concerned Magistrate, within a period of 10 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 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 third petitioner shall report before the respondent police as and when required;

[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 petitioner 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.

25-08-2025 Jd

To 1.Judicial Magistrate, Gudiyatham, Vellore District.

2.The Inspector of Police, Melpati Police Station, Vellore District.

(Crime No 107 of 2025).

3.The Public Prosecutor, High Court of Madras

G.JAYACHANDRAN J.

Jd CRL OP No. 23285 of 25-08-2025