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Madras High CourtCRL OP/26581/2025granted

Jaysankar P v. The State, Rep. By Its

2025-09-26Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Jaysankar P S/o.Perumal, No16 MariyammanKovil Street Seethapuram Post Uthamanallur Kancheepuram District 603 301. and another

2. Manimegalai J W/o.Jaysankar, No16 MariyammanKovil Street Seethapuram Post Uthamanallur Kancheepuram District 603 301.

Petitioner(s) Vs

1. The State, rep. by its Inspector of Police, Achirapakkam Police Station, Chengalpattu District.

Cr.No.159 of 2025 Respondent(s)

PRAYER To enlarge the Petitioners/Accused in the event of his arrest by the respondent police in connection with Cr.No.159 of 2025, and thus render justice. For Petitioner(s):

Satheesh J V.Prabhakaran M.Bharathram S.Pavithra For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.side)

ORDER

The petitioners apprehend arrest for the alleged offence under Section 296(b) and 118(1) BNS and section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.159 of 2025, on the file of the respondent police seek anticipatory bail.

2. The allegation against the petitioners is that due to a domestic quarrel with neighbors, the petitioners attacked the de facto complainant with sticks, causing injuries. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and have not committed the offences alleged by the defacto complainant. He also submitted that the petitioners are ready to abide with any conditions that may be imposed by this Court, and therefore, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reported that A1 damaged the foundation of the de facto complainant's house, which led to a quarrel where the de facto complainant sustained grievous injuries, including lacerations on the head. He further submitted that the victim has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the above fact and circumstances of the case and also considering the fact that the victim has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. 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 ready, before the learned Judicial Magistrate-II, Maduranthakam, Chengalpattu District, on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition: (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;

(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 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.

26-09-2025 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Judicial Magistrate-II, Maduranthakam, Chengalpattu District. 2.The State, rep. by its Inspector of Police, Achirapakkam Police Station, Chengalpattu District.

Cr.No.159 of 2025 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 26581 of 26-09-2025