S.Vignesh v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.25724 of 2025 S.Vignesh ... Petitioner Vs.

State rep by its, The Inspector of Police, Aminjikarai Police Station, AnnaNagar, Chennai District.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on anticipatory bail in the event of arrest in connection with Crime No.615 of 2025 on the file of the Inspector of Police, Aminjikarai Police Station, AnnaNagar, Chennai District.

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For Petitioner : Mr.Durai Arun For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 126(2), 296(b), 115(2), 118(1) and 351(3) of BNS 2023 in 1/6

Cr.No.615 of 2025, on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that while the defacto complainant was commemorating his father's memorial and garlanding his father's photograph, the petitioner, along with other accused persons, came there, smoked in front of the photograph, and created a ruckus. When the defacto complainant questioned their conduct, the petitioner and others attacked him with wooden logs and caused injuries. Hence, the present complaint.

3. The learned counsel appearing for the petitioner submitted that this petitioner is an innocent person, he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and reported that the injured were discharged from the hospital and there is no previous case against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

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5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case and the submissions made by both counsels, and taking note of the fact that the injured have been discharged from the hospital, that there is no previous case against the petitioner, and that custodial interrogation of the petitioner is not required, I am inclined to grant anticipatory bail to the petitioner, subject to 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 (15) days from the date on which the order copy made, before the V Metropolitan Magistrate Court, Egmore, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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(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 identify proofs to ensure their identity; (c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

19.09.2025 Vv 4/6

To

1. The V Metropolitan Magistrate Court, Egmore, Chennai

2. The Inspector of Police, Aminjikarai Police Station, AnnaNagar, Chennai District.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.25724 of 2025 19.09.2025 6/6