Ramamoorthy v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 25452 of 2025 1.Ramamoorthy 2.Munikalappa 3.Manjunath 4.Mala

...Petitioners/A1 to A4

Vs The State rep. by The Inspector of Police Nallur Police Station Krishnagiri District.

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No. 99 of 2025 on the file of the respondent police.

For Petitioners : Mr.R.Jayaprakash For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side) ----

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), and 351(3) of BNS, 2023 on the file of the respondent Police, seeks anticipatory bail. 2.The allegation against the petitioners is that the de-facto 1/6

complainant kidnapped the minor daughter of the petitioners 1&4 herein. Subsequently, the de-facto complainant was arrested and released on bail. Thereafter, the petitioners used filthy language and assaulted the de-facto complainant with stones. Due to the impact, the de-facto complainant sustained injuries. Hence the complaint.

3. The learned counsel for the petitioner submits that the petitioners is are innocent persons and they have been falsely implicated in this case. He submits that they have not committed any offence as alleged by the prosecution. He further submits that there is no previous case pending against the petitioners. He also submits that the petitioners are ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that the petitioners used filthy language and assaulted with stones due to previous enmity, resulting in which, the defacto complainant sustained injuries. He 2/6

further submits that the injured has been discharged from the hospital and there is no previous pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the facts and circumstances of the case and the submissions made by learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 on which the order copy made ready, before the learned Judicial Magistrate No.II, Hosur, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:- (a) If the petitioners fails to surrender before the concerned Magistrate, within a period of fifteen days 3/6

from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] 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;

[c] the petitioners shall report before the respondent Police at 10.30 am for a period of one week and thereafter, as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 4/6

17.09.2025 MSM To 1.The Judicial Magistrate No.II, Hosur.

2.The Inspector of Police Nallur Police Station Krishnagiri District.

3. The Public Prosecutor, High Court of Madras. K.RAJASEKAR , J.

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