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Madras High CourtCRL OP/24820/2025granted

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

2025-09-12Honourable Mrs.Justice T.V.Thamilselvi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Samannan

2. Govindharaj

3. Harivarasu Petitioner(s) Vs State Rep. by The Inspector of Police, Jolarpettai Police Station, Tirupattur DT- 635651 (Crime No. 182 of 2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners in the event of their arrest by the Respondent Police in pursuant to the FIR in Crime No. 182/2025 on the file of the Respondent Police.

For Petitioner(s):

M/s.Mumtaj Surya For Respondent(s):

Mr.S.Udayakumar Government Advocate Crl.side

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 296(b), 118(2) of BNS,2023 in Crime No.182 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the wordy quarrel between the defacto complainant by the petitioners regarding land dispute and thereby subsequent event clash between them by using filthy languages and life threatening of the defacto complainant by the petitioners at the occurrence place. Hence the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioner.

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

6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are directed to deposit totally a sum of Rs.10,000/- [Rupees Ten Thousand Only] to the credit of Crime No.182 of 2025 before the trial Court within a period of two weeks from the date of receipt of copy of this order, on such deposit and production of proof, the petitioners are ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.1, Tirupathur on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each 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 petitioner shall report before the respondent police every Saturday at 10.30 a.m., for a period of four weeks and thereafter as and when required;

[c] 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

12-09-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.State Rep. by The Inspector of Police, Jolarpettai Police Station, Tirupattur DT- 635651 (Crime No. 182 of 2025) 2.The Judicial Magistrate-1, Tirupathur.

3.The Public Prosecutor, High Court of Madras, Madras.

T.V.THAMILSELVI J.

gbi CRL OP No. 24820 of 12-09-2025