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Madras High CourtCRL OP/24753/2025granted

K.Vishwa v. State Represented By, The Inspector Of Police ,

2025-09-15Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.K.Vishwa 2.R.Sriva 3.S.Ramkumar 4.S.Sakthil Vel @ Sachin 5.R.Avinesh ... Petitioners Vs.

State represented by, The Inspector of Police, Koovathur Police Station, Chengalpattu District.

(Crime No.16 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioners on bail in the event of their arrest in connection with P.R.C.No.28 of 2025 on the file of the District Munsif cum Judicial Magistrate, Thirukalukundram.

For Petitioners :

Mr.VMR.Rajendran For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side) ********** 1/5

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 324(4), 351(4), 351(3), 109 & 118(2) of BNS. The above final report filed in Crime No.16 of 2025 for the alleged offence under Sections Sections 191(2), 193(3), 296(b), 115(2), 118(1), 324(4), 351(3) and 109 of BNS, seek anticipatory bail.

2. The learned counsel for the petitioners submits that there was a dispute between two groups with regard to a funeral procession. Hence, he prays that anticipatory bail may be granted to the petitioners.

3. The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for granting anticipatory bail to the petitioners, reiterated the prosecution case. He further submitted that the investigation has been completed and the final report has been filed, which has been taken on file by the learned District Munsif cum Judicial Magistrate, Thirukalukundram in P.R.C.No.28 of 2025.

4. Heard the learned counsels on either side and perused the materials 2/5

available on record.

5. Considering the fact, this Court is 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 before the learned District Munsif court cum Judicial Magistrate, Thirukazhukundram on condition that the petitioners 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 learned Magistrate concerned and on further condition that: [a] 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; [b] the petitioners shall report before the respondent police on every Monday at 10.30a.m., until further orders; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass 3/5

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]; [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

15.09.2025 nvi To

1. The District Munsif court cum Judicial Magistrate, Thirukazhukundram

2. The Inspector of Police, Koovathur Police Station, Chengalpattu District.

3. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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