K.Shanmugam v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.24087 of 2025 1.K.Shanmugam 2.S.Lalitha

3. S.Boopesh

4. S.Pooja ... Petitioners Vs.

State Rep by The Inspector of Police, K-9, Thiru.Vi.Ka.Nagar, Chennai-600 011.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on this bail in the event of their arrest in Cr.No.215 of 2025 on the file of the respondent. For Petitioners :

Mr.D.Sekar For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl.Side)

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 324(2), 115(2), 118 (1), 351(3) of BNS in Crime No.215 of 2025, on the file of the 1/5

respondent Police, seek anticipatory bail.

2. This a case and counter in respect of fight between neighbouring residence. The petitioners are accused in Cr.No.215 of 2025.

3. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured are discharged from the hospital. However, he opposed to grant bail to the petitioners.

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

5. Considering the fact that the dispute between the neighbours and the injured are discharged from the hospital, 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 2/5

the event of arrest or on their appearance, within a period of ten days (10) from the date of receipt of a copy of this order, before the V Metropolitan Magistrate Court, Egmore, Chennai on condition that each of the petitioners shall execute separate bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that [a] if the petitioners fail 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 petitioners shall report before the respondent police daily at 05.30 p.m., until further orders;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled 3/5

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. 02.09.2025 Vv To 1.The V Metropolitan Magistrate Court, Egmore, Chennai

2. The Inspector of Police, K-9, Thiru.Vi.Ka.Nagar, Chennai-600 011

3. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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Vv Crl.O.P.No.24087 of 2025 02.09.2025 5/5