R.Roshan v. 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 R.Roshan ....Petitioner/A4 Vs.

State Rep. by the Inspector of Police, Latheri Police Station, Vellore District.

(Crime No.101 of 2025).

... Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner/A4 on bail in the event of his arrest pending investigation in Crime No.101 of 2025 on the file of the respondent police.

For Petitioner(s):

Ms.Salin Nisha C.V For Respondent(s):

Mr.S.Udayakumar, Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 191(2), 191(3), 1/6

296(b), 115(2), 118(1), 109 and 351(3) of BNS, 2023, in Crime No.101 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a dispute between two families. On 10.08.2025, the house of the defacto complainant was criminally trespassed by the petitioner and his relative and caused injuries to the defacto complainant's father and senior paternal uncle. This petitioner is arrayed as A4 and he is one of the named accused.

3. The learned Government Advocate appearing for the respondent police submitted that the injured sustained lacerated injury and were discharged from the hospital. Further, he submits that A6 and A7 are arrested and others are absconding.

4. Heard the learned counsel on both sides and perused the materials available on record.

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5. Considering the overtact alleged against the petitioner for causing injury with hand and legs, this Court is of the view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of 10 (ten) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Katpadi on condition that the 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 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 3/6

[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 petitioner shall stay at Arakkonam and report before the Arakkonam police station daily at 10.00 a.m., and 5.00 p.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 petitioner 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 Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6

To

1. The Judicial Magistrate, Katpadi.

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

(Crime No.101 of 2025).

3.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN J.

jd 25-08-2025 6/6