Lakshmikanthan v. State By, 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.25835 of 2025

1. Lakshmikanthan

2. Purushothaman @ Purushoth ... Petitioners Vs.

State by Inspector of Police, Oomerabad Police Station, Tirupathur District.

... Respondent (Cr.No.273 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail in the event of arrest by the respondent police in Crime No.273 of 2025 on the file of the respondent police.

For Petitioners : Mr.D.Thirumoorthy For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 351(3) of BNS, 2023 in Crime No.273 of 2025, on the file of the respondent police seek anticipatory bail. 1/6

2. The allegation against the petitioners is that due to previous enmity between the petitioners and the defacto complainant, the petitioners herein had attacked the defacto complainant with coconut husk and caused injuries to him. Hence, the present complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioners.

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

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the facts and circumstances of the case, and the submissions made by both counsel, and taking note of the fact that injured was discharged from the hospital and there is no previous case against the petitioners and that their custodial interrogation is not required in this regard. Hence, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate, Ambur on condition that each of the petitioners shall execute separate bonds 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 petitioners 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 petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 Judicial Magistrate, Ambur.

2. The Inspector of Police, Oomerabad Police Station, Tirupathur District.

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

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K.RAJASEKAR , J.

Vv Crl.O.P.No.25835 of 2025 19.09.2025 6/6