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Madras High CourtCRL OP/24666/2025granted

Elangovan v. State Rep. By The Inspector Of Police

2025-09-12Honourable Mrs.Justice T.V.Thamilselvi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Elangovan Petitioner(s) Vs State rep. by The Inspector of Police Thiruthuraipoondi Police Station Tiruvarur District (Crime No.271 of 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 his arrest in Crime No. 271 of 2025 on the file of respondent the Inspector of Police, Tiruthuraipoondi Police Station, Tiruvarur District and thus render justice.

For Petitioner(s):

Mr.Palanivel Nadimuthu For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 132, 351(2) of BNS Act 2023, in Crime No.271 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is Village Administrative Officer lodged a complaint against the petitioner and two others that on 11.06.2025 he, along with Surveyor while they were measuring the land, the petitioner and two others have abused them with filthy language and criminally intimidated the defacto complainant. Hence, the complainant.

3. The learned counsel for the petitioner is innocent; that he has been falsely implicated in this case; and that in any case custodial interrogation of the petitioner is not required for the purpose of investigation, hence, he prayed for grant of anticipatory bail.

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

respondent reiterated the prosecution case and on instructions submitted that the injured was discharged from the hospital.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.

6.Considering the nature of dispute; that the injured was discharged from the hospital and the fact that the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruthuraipoondi 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 said Magistrate, failing which, the

petition for anticipatory bail shall stand dismissed and on further condition that: [b] the petitioner shall report before the respondent every Saturday at 10:30 a.m., for a period of six weeks and thereafter as and when required for interrogation;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial. [e] 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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

12-09-2025 gbi

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 Inspector of Police Thiruthuraipoondi Police Station Tiruvarur District (Crime No.271 of 2025) 2.The Judicial Magistrate, Thiruthuraipoondi 3.The public prosecutor, High Court of Madras.

T.V.THAMILSELVI J.

gbi CRL OP No. 24666 of 12-09-2025