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Madras High CourtCRL OP/24201/2025granted

Dhanraj v. State By, The Sub Inspector Ofpolice,

2025-09-24Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Dhanraj S/o. Munusami, No. 1 47,Pallat Street,Chyyar , Kunnavakkam, Akkur, Tiruvanamalai, Tamilnadu-63 1 70 1 and another

2. Divakar S/o. Dayalan, No. 1 47,Pallat Street,Cheyyar, Kunnavakkam, Akkur, Tiruvanamalai, Tamilnadu-63 1 70 1 Petitioner(s) Vs

1. State by, The Sub Inspector ofPolice, Dusi Police Station, Tiruvannamalai (Crime No. 255 12025) Respondent(s) PRAYER To grant Anticipatory Bail to the petitioners in the event of arrest in Crime No. 255/2025 by the respondent police.

For Petitioner(s):

Santhosh Kumar E.Dharmarasu 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 Sections 296(b), 118(1), 351(3) of BNS Act in Crime No.255 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioners is that the petitioners due to quarrel with the defacto complainant attacked him with a knife and severing one of his finger. Hence the complaint.

3. The learned counsel for the petitioners submitted that this is a case in counter. The defacto complainant also attacked the petitioners, who acted in self defense and sustained grievous injuries, as shown by their medical records. Hence, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) submitted that the the injured discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the fact that this is a case in counter and the overt-act attributed against the petitioner, I am inclined to grant anticipatory bail to the petitioners 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 fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Cheyyar on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 identify proofs to ensure their identity;

(c) The petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

24-09-2025 mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Judicial Magistrate, Cheyyar.

2.State by, The Sub Inspector ofPolice, Dusi Police Station, Tiruvannamalai (Crime No. 255 12025) 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 24201 of 24-09-2025