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Madras High CourtCRL OP/24582/2025granted

M Ajithkumar v. State Rep By, The Sub Inspector Of Police,

2025-09-12Honourable Mrs.Justice T.V.Thamilselvi8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI M Ajithkumar Petitioner(s) Vs State Rep by, The Sub Inspector of Police, P-5, MKB Nagar Police Station, Chennai. Crime No. 393/2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 438 of Cr.P.C / Section 482 of BNSS Act, to enlarge the petitioner on bail in the event of arrest by the respondent police in Connection with Crime No. 393/2025 on the file of the respondent police.

For Petitioner(s):

Mr.Kannadhasan K For Respondent(s):

Mr.Udayakumar Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the alleged offences under Sections 296(b), 115(2), 109 of BNS 2023 in Crime No.393 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 03.08.2025, at about 23.00 hours, the defacto complainant and his friends were celebrating Friendship day, during which a quarrel ensued between the 1 st accused and the defacto complainant. As a result, the 1 st accused and his associates allegedly attacked the defacto complainant with a knife, causing injuries to his hand, head, and shoulder, and also threatened him. Consequently, the defacto complainant sustained injuries. 3.The learned counsel for the petitioner states that the co-accused already granted bail and injured person is discharged from the hospital. Therefore, the petitioner may be granted anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the

respondent police, strongly opposed the anticipatory bail petition stating that the investigation is almost completed.

5. Considering the facts and circumstances of the case and that the petitioner on his 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 petitioner with certain conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.393 of 2025, within a period of fifteen (15) days and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned X Metropolitan Magistrate Egmore, Chennai 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.393 of 2025 before the concerned Magistrate within a period of fifteen (15) days and the de-facto complainant is permitted to withdraw the said deposit amount of Rs.10,000/- on proper identification and acknowledgment.

(b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c)the petitioner is directed to appear before the respondent police every Saturday at 10.30 a.m for a period of eight weeks and thereafter as and when required for interrogation;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial; (e)the petitioner shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on

anticipatory 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) AIR SCW 5560]; and; (g)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 Note : 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.State Rep by, The Sub Inspector of Police, P-5, MKB Nagar Police Station, Chennai. Crime No. 393/2025 2.The X Metropolitan Magistrate Egmore, Chennai.

3.The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI J.

gbi CRL OP No. 24582 of 12-09-2025