K. Kandasamy v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN K.Kandasamy ... Petitioner Vs.

The State represented by, The Inspector of Police, Vellakoil Police Station Tiruppur District.

Crime No. 354 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No. 354 of 2025 on the file of respondent police.

For Petitioner :

M/s. C.S.Saravanan For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

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The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 351(2), 303(2) of BNS Act, 2023 ( 294(b), 323, 506(ii) and 379(NP) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002) in Crime No. 354 of 2025, on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that there is a civil dispute between the defacto complainant's family and the petitioner's family. It is alleged that on 04.08.2025, due to civil dispute, a wordy quarrel arose between the defacto complainant and the petitioner and the petitioner alleged to have grabbed the defacto complainant's mobile phone. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He submits that he has not committed any offence as alleged by the prosecution. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Criminal side) states that defacto complainant was treated as an outpatient for the injury. Due to property dispute, the incident has occurred and the victim is out of danger, However, he opposed to grant anticipatory bail to the petitioner.

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

6. The petitioner is apprehending arrest for the offences under Section 296(b), 115(2), 351(2), 303(2) of BNS Act, 2023 for an occurrence happened on 04.08.2025. A case in Crime No. 354 of 2025 has been registered on 06.08.2025. The overtact against the petitioner is that he had attacked the victim/defacto complainant with a stick causing hurt near eyebrows.

7. Considering the facts and circumstances of the case, submissions made by learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on 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, Kangeyam 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 3/6

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 [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 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 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.

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nr To 1.The Judicial Magistrate, Kangeyam

2. The Inspector of Police, Vellakoil Police Station Tiruppur District.

3. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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