Selvam v. The State Rep. By It'S The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Selvam ... Petitioner Vs.

The State Rep. By, The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.

Crime No.321 of 2019 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.321 of 2019 on the file of the respondent police.

For Petitioner :

Mr.E.Sathiyaraj Elangovan For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

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The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 307 of IPC [corresponding Section 191(2), 191(3), 296(b), 118(1), and 109 of BNS Act] in Crime No.321 of 2019, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that, on 05.04.2019, one Venkatesan, who is a relative of the de facto complainant, and the petitioner made a quarrel due to previous enmity. When the de facto complainant intervened in the said quarrel, the petitioner, along with other accused, abused and attacked him with wooden sticks and stones, thereby causing injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner was already granted anticipatory bail by this Court in Crl.O.P.No.10192 of 2019 dated 15.04.2019. Since the petitioner was not aware of the order of anticipatory bail, he could not execute the sureties within time. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the 2/6

respondent police reiterated the prosecution case and submitted that the petitioner was involved in a case of attempt to murder and was subsequently granted anticipatory bail by this Court in Crl.O.P.No.10192 of 2019 dated 15.04.2019. He further submitted that the respondent police have filed the final report, which was taken on file in P.R.C.No.27 of 2023 and the petitioner was served with summons and has appeared. The case is now ready for committal. At this stage, the petitioner has approached this Court seeking anticipatory bail on the ground that he is required to obtain bail during committal proceedings; otherwise he would be detained for non-furnishing sureties.

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

6. Considering the submissions made by the learned counsels on either side and the fact that the petitioner is seeking anticipatory bail to enable him to participate in the committal proceedings, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions: 3/6

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Tiruvannamalai, on condition that the petitioner 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 petitioner fails to surrender before the concerned Magistrate within a period of ten days 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 petitioner shall report before the concerned Court and participate in the committal proceedings on all hearing dates without fail; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to 4/6

pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 08.10.2025 cda To 1.The Judicial Magistrate No.I, Tiruvannamalai. 2.The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

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