Guna v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.Guna 2.Mounesh 3.Jalagandeswaran ... Petitioners Vs.

The State Rep. by The Inspector of Police, Indur Police Station, Dharmapuri District.

Crime No.79 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of apprehending arrest in Crime No.79 of 2025 on the file of respondent Police. For Petitioners :

Mr.P.Thirumalaivasan For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

The petition for anticipatory bail for the alleged offence punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS in Crime No.79 of 2025, on the 1/5

file of the respondent police.

2. The petitioner is the owner of the two wheeler that was taken away by the police, suspecting it to be an unclaimed vehicle. When the petitioner came to know that the police had taken away the two wheeler based on the complaint given by the defacto complainant, the petitioner attacked the defacto complainant. 3.

The learned Government Advocate (Crl. Side) submits that the injured has been discharged from the hospital.

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

5. Considering the fact and the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of 10(ten) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate 2/5

No.II, Dharmapuri, on condition that the petitioners shall execute a separate 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 petitioners 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 petitioners shall stay at Hosur and report before the Hosur Town Police Station, daily at 10.30 a.m, for a period of 15 days and thereafter 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 3/5

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.

26.08.2025 drl To 1.The Judicial Magistrate No.II, Dharmapuri.

2.The Inspector of Police, Indur Police Station, Dharmapuri District.

3. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

drl 4/5

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