K.V.Palanivel v. State Rep By The Sub -Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. K.V.Palanivel
2. K.R.Santhosh
3. R.Sivabalan
4. S.Gunasekaran Petitioners Vs State Rep by the Sub -Inspector of Police, Arachalur Police Station, Erode District. (Cr.No. 128/2025) Respondent PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S Act, to enlarge the Petitioners on Bail in the event of their arrest in Crime No.128/2025 on the file of the Respondent Police. For Petitioners:
Mr.K.Govi Ganesan For Respondent(s):
Mr.S.Udayakumar Government Advocate (Crl. Side)
ORDER
The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 329(3), 296(b), 118(2), 351(3) & 302(2) of BNS, 2023 (Sections 447, 294(b), 326, 506 & 379 of IPC) in Crime
No.128 of 2025, on the file of the respondent Police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners, friends of the first petitioner, got into a dispute with the defacto complainant, a horse farm owner of 20 years, over a failed horse sale. The petitioners allegedly abused the defacto complainant in unparliamentary language, attacked him with iron rods and saattaai kuchi, and took away a horse. The defacto complainant was hospitalized following the incident, prompting him to file a complaint.
3. The learned counsel appearing for the petitioners submits that they have no way connected with the alleged occurrence and they have been falsely implicated in this case. However, the learned counsel, on instructions, further submits that the petitioners, without prejudice to their rights, is ready to deposit some amount to the credit of the crime number as imposed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for granting anticipatory bail to the petitioners, reiterated the prosecution case.
5. Considering the facts and circumstances of the case and that the petitioners on their own volition, is ready to deposit some amount to the credit of the crime number, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each into the credit of Crime No.128 of 2025 before the concerned Magistrate within a period of three weeks from the date of surrender and on such deposit, the defacto complainant is permitted to withdraw the amount on filing undertaking affidavit and on production of proper identification and acknowledgement. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsiffcum-Judicial Magistrate, Ezhumathur, Modakurichi on condition that the petitioners shall also 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for interim anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the respondent police on every Tuesday and Saturday at 10.30 a.m., for a period of eight weeks;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners shall not abscond either during investigation or trial.
[g] 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 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];
[f] 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
To 1.State Rep by the Sub -Inspector of Police, Arachalur Police Station, Erode District. (Cr.No. 128/2025) 2.The District Munsiff-cum-Judicial Magistrate, Ezhumathur, Modakurichi.
3.The Public Prosecutor, High Court of Madras.
T.V.THAMILSELVI J.
gbi 12-09-2025