J.Srinivasan v. The State, Represented By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2025
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN J.Srinivasan ... Petitioner Vs.
The State Represented by, The Inspector of Police, R-9, Valasaravakkam Police Station, Chennai.
Crime No.411 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.411 of 2025 on the file of respondent Police. For Petitioner :
Mr.K.Thenrajan for K.Rahul For Respondent :
Mr.S.Udayakumar Government Advocate (Criminal Side)
O R D E R
The petitioner herein is the construction laborer carrying on construction work in laying tiles at the premises bearing No.127, Velan Nagar, 7th street, 1/5
Valasaravakkam, Chennai. On 16.08.2025, while he was carrying on with the work, the defacto complainant had come to the place in his Baleno car and started quarrel with the petitioner, causing nuisance to his family members who reside behind the premises. During the wordy quarrel, which escalated into a physical altercation involving an iron rod, the defacto cmplainant Selva Durai, sustained injuries and lodged a complaint with the respondent police which was registered as Crime No.411 of 2025 for the offence under Sections 333, 296(b), 118(1), 351(3) and 125 of BNS Act, 2023, whereas the complaint of the petitioner was registered in Crime No.412 of 2025, which is a case and case in counter.
2. Heard the learned counsels and perused the materials available on record.
3. This Court finds that the petitioner is a resident behind the house where the construction work is going on and having been disturbed by the activities of the construction workers, went to the place and questioned, which lead to a physical altercation. The petitioner appears to be an army personnel who claims to be on leave from his native place.
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4. Considering the nature of the complaint, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.
5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of ten (10) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.I, Poonamallee, 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 that:
[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten 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, 3/5
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 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 Court No.I, Poonamallee.
2.The Inspector of Police, R-9, Valasaravakkam Police Station, Chennai.
3. The Public Prosecutor, High Court of Madras.
Dr.G.JAYACHANDRAN, J.
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