S.Ezakiyal v. The State By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-09-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR S.Ezakiyal S/o. Selvakumar, Palla Street, Saron, Tiruvannamalai District.
Petitioner/A2 Vs The State rep by The Inspector of Police, Tiruvannamalai West Police Station, Tiruvannamalai District.
Crime No. 177 of 2025.
Respondent For Petitioner : Mr.Saravanan A For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side) ---
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 118(1), 109(1) and 351(3) of BNS Act, 2023 in Crime No. 177 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/6
2. The allegation against the petitioner is that due to previous enmity, the petitioner joined hands with other accused abused filthy language and assaulted the de-facto complainant. Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He submits that he has not committed any offence as alleged by the prosecution. He further submits that co-accused 3 to 5 have been arrested and released on anticipatory bail in Crl.M.P.No.2427 of 2025, dated 11.08.2025, Crl.M.P.No. 2363 of 2025, dated 06.08.2025 and Crl.M.P.No. 2295 of 2025 dated 08.08.2025 on the file of Principal District Court, Tiruvannamalai. He also submits that the petitioner is 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 petitioner.
4. The learned Government Advocate (Criminal side) appearing for the respondent police, reiterated the prosecution case and submits that there are totally five accused involved in this case and the petitioner is arrayed as 2/6
A2. He submits that the accused 3 to 5 were already arrested and subsequently, enlarged on anticipatory bail. He further submits that due to previous enmity, the petitioner along with other accused abused filthy language and assaulted the de-facto complainant. He also submits that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsels and perused the materials available on record.
6. Considering the facts and circumstances of the case, submissions made by learned counsels on either side and considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Thiruvannamalai. on condition that the petitioner shall 3/6
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 learned Magistrate concerned and on further condition that: (a) If the petitioner fails to surrender before the concerned Magistrate, within a period of fifteen 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 respondent police daily at 10.30 a.m for a period of three weeks 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 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 4/6
Kerala [(2005)13 SCC 283];
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 17.09.2025 MSM To 1.The Judicial Magistrate No.II, Thiruvannamalai.
2. The Inspector of Police, Tiruvannamalai West Police Station, Tiruvannamalai District.
Crime No. 177 of 2025.
3. The Public Prosecutor, High Court of Madras.
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K.RAJASEKAR , J.
MSM Crl.O.P.No. 25570 of 2025 17.09.2025 6/6