Sundaramoorthy @ Moorthy v. State, Rep By. The Sub Lnspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.Sundaramoorthy @ Moorthy 2.Prabavathi 3.Chellammal ...

Petitioners Vs.

The State Rep. by The Sub Inspector of Police, Melmaruvathur Police Station, Chengalpattu District.

Crime No.160 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.160 of 2025 on the file of respondent Police. For Petitioners :

Mr.A.J.Magendiraverman For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

The petitioners herein apprehend arrest in Crime No.160 of 2025 registered 1/5

for the offence under Sections 296(b), 115(2), 118(1) and 351(3) of BNS (Sections 294(b), 323, 324 and 506(ii) of IPC), on the file of the respondent police, seeks anticipatory bail. The FIR registered at the instance of one Lassar indicates that while the defacto complainant and others were playing dice on the public pathway that was questioned by the petitioners, leading to physical attack by these petitioners using a wooden log. The defacto complainant sustained head injuries and was admitted in the hospital as in patient for two days.

2. The learned counsel for the petitioner submits that due to a property dispute, the complaint has been lodged exonerating the incident.

3. This Court finds that the petitioners A2 & A4, the overt act of causing head injuries is attributed to Manisha, who is A3. As far as these petitioners are concerned, they attacked the defacto complainant with their hands and legs.

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

5. Accordingly, the petitioners are ordered to be released on bail in the 2/5

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 No.II, Maduranthakam, 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 report before the Tambaram Police Station, daily at 10.30 a.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 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 3/5

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.

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

2.The Sub Inspector of Police, Melmaruvathur Police Station, Chengalpattu District.

3. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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