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Madras High CourtCRL OP/23390/2025granted

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

2025-08-25Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.Praveen 2.Velan ... Petitioners/A3&A4 Vs.

The State rep. by, The Inspector of Police, Magudamchavadi Police Station, Salem District.

Crime No.282 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioners on bail, in the event of their arrest by the respondent Police, pending investigation of the case in Crime No.282 of 2025 on the file of the respondent.

For Petitioners :

Mr.Vijayaragavan Marimuthu For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side) **********

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Section 126(2), 296(b), 115(2) and 351(3) of Bharatiya Nyaya Sanhita (BNS), 2023 altered into Sec.126(2), 296(b), 351(3) and 117(2) of BNS,2023 in Crime No.282 of 2025, on the file of the 1/5

respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant, one Karthik, who is employed as a bus conductor in a private bus, lodged a complaint stating that on 21.07.2025, when the first accused travelled in the bus, a wordy quarrel arose between them. In continuation of the same, the petitioners, along with other accused persons, attacked the de-facto complainant using deadly weapons, causing him injuries. Furthermore, the petitioners abused him in filthy language and threatened him with dire consequences. Hence, the case.

3. The learned counsel appearing for the petitioners states that the petitioners are innocent persons and they have been falsely implicated in this case and hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Public Prosecutor (Crl. Side) submitted that, due to the quarrel with the passenger, the conductor, who is the de facto complainant, sustained a simple injury and was discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners.

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

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6.Considering the nature of offence and since, custodial interrogation of the petitioners is not required, 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 before the learned Judicial Magistrate, No.II, Sankari, Salem District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each within a period of 10 days from the date of receipt of a copy of this order for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] 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; [b] the petitioners shall report before the Salem Town Police Station daily at 10.30a.m., until further orders; [c] 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 3/5

Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

25.08.2025 nvi To

1. The Judicial Magistrate No.II, Sankari, Salem District.

2. The Inspector of Police, Magudamchavadi Police Station, Salem District.

3. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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