Balakumar Sekar v. The State By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-09-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR 1.Balakumar Sekar 2.Raja Angamuthu petitionerss Vs State rep by the Inspector of Police Ayilpatty Police Station, Namakkal District.
(Crime No. 120 of 2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in connection with Crime No, 120 of 2025 on the file of the respondent and thus render justice.
For petitioners(s):
Mr.M.Karthik For Respondent(s):
Mr. S.Udayakuamar, Government Advocate-Criminal Side
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), & 351(3) of BNS Act 2023, in Crime No.120 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, according to the prosecution, the petitioners and their friends allegedly scolded the defacto complainant with filthy language, attacked him, and made criminal intimidations, thereby committing an offence, when the defacto complainant visited a shop. Hence, the complainant.
3. The learned counsel for the petitioners is innocent; that they have been falsely implicated in this case; and that in any case custodial interrogation of the petitioners 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. He would further submit that there is one previous case against A1.
5. Heard the learned counsel for the petitioners 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 petitioners 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 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 Court, Rasipuram, Namakkal District on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, 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 petitioners shall report before the respondent everyday at 10:30 a.m., for a period of one week and thereafter 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.
16-09-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.State rep by the Inspector of Police Ayilpatty Police Station, Namakkal District.
(Crime No. 120 of 2025) 2.The Judicial Magistrate Court, Rasipuram, Namakkal District.
3.The Public Prosecutor High Court of Madras.
K.RAJASEKAR J.
gbi CRL OP No. 25286 of 16-09-2025