Duraisamy 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 CRL.O.P.No.24825 of 2025

1. Duraisamy

2. Lakshmi Petitioners Vs State rep by, The Inspector of Police, Vellavedu Police Station, Thiruvallur District.

(Crime No.232 of 2025) Respondent PRAYER Criminal Original Petition filed under Section 482 of BNSS Act, 2023, to enlarge the Petitioners/Accused on Anticipatory Bail in the event of their arrest in Crime No.232 of 2025 pending investigation on file of the Respondent Police.

For Petitioners :

Mr.C.Arivazhagan For Respondents :

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

ORDER

The petitioners, who apprehend arrest for the alleged offences under Section 329(3), 296(b), 118(2), 351(3) of BNS r/w Section 4 of Women Harassment Act, in Crime No.232 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners and the de facto complainant had a wordy quarrel, as a result of which the latter was attacked and injured. Hence, the complainant. 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. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) submits that the petitioners and the defacto complainant had a wordy quarrel, as a result of which the latter was attacked and injured. However, he opposed for granting anticipatory bail to the petitioners.

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

6. Considering the nature of the complaint, the custodial interrogation of the petitioners are not required for the investigation, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Poonamallee, on condition that each of 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the said

Magistrate, on further condition that:

[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioners shall report before the respondent Police as and when required for interrogation;

[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.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the Petitioners in accordance with law as if the 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)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

12-09-2025 kmm Index:Yes/No Speaking/Non-speaking order Internet:Yes

T.V.THAMILSELVI J.

kmm To

1. The Judicial Magistrate No.II, Poonamallee.

2. The Inspector of Police, Vellavedu Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court of Madras.

CRL.O.P.No.24825 of 2025 12.09.2025