Elaiyakamban v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Elaiyakamban

2. Loadman Kumar @ Kumar

3. Sevagamoorthi Petitioners Vs State rep. by The Inspector of Police Thalaignayiru Police Station Nagapattinam District (Crime No.238 of 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.238 of 2025 on the file of the Inspector of Police, Thalaignayiru Police Station, Nagapattinam District.

For Petitioners:

Mr.Palanivel Nadimuthu For Respondent(s):

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

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 324(4), 351(3) of BNS, 2023 in Crime No.238 of 2025, on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that as per FIR, the first accused, Sakthivel, purchased 10 parotas but refused to pay the bill. When the defacto complainant demanded payment, a wordy quarrel ensued, and the accused allegedly assaulted the defacto complainant, causing injuries. The petitioners claim that the complaint registered by the respondent police is false.

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.5,000/- (Rupees Five Thousand only) each into the credit of Crime No.238 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, Vedaranyam 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 (out of which one surety should be a blood surety) 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 Saturday at 10.30 a.m., for a period of six 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

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 Thalaignayiru Police Station, Nagapattinam District (Crime No.238 of 2025) 2.The District Munsif cum Judicial Magistrate, Vedaranyam.

3.The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI J.

gbi 12-09-2025