R.Swetha, v. The State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.R.Swetha 2.Komala ... Petitioners Vs.

The State rep by The Inspector of Police, Periyathatchur Police Station, Villupuram District.

(Crime No.133 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in connection with Crime No.133 of 2025, on on the file of the respondent Police.

For Petitioners :

Mr.G.Magesh Kumar For Respondent :

Mr.S.Udayakumar Government Advocate (Crl.Side) 1/5

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 303(2) & 351(3) of BNS, 2023, in Crime No.133 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The dispute between the landlord and tenant has led to quarrel. It is alleged that from the defacto complainant (landlord), the accused persons had taken away Rs.5,000/-.

3. The learned Government Advocate (Criminal Side) appearing for the respondent police states that the money alleged to have been taken from the defacto complainant has been recovered.

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

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5. Considering the said fact, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions;

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on or before 12.09.2025, before the learned Judicial Magistrate-II, Tindivanam, on condition that the petitioners shall execute a 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] if the petitioners fail to surrender before the concerned Magistrate on or before 12.09.2025, 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 respondent police as and when required;

[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 3/5

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.

01.09.2025 dna To 1.The Judicial Magistrate-II, Tindivanam.

2.The Inspector of Police, Periyathatchur Police Station, Villupuram District.

(Crime No.133 of 2025) 3.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

dna 01.09.2025 5/5