Ramesh v. The State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.26513 of 2025 Ramesh ... Petitioner Vs.

The State rep. by The Inspector of Police, E-5, Koovathur Police Station, Chengalpattu District.

... Respondent (Cr.No.176 of 2024) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of their arrest in connection with PRC No.33 of 2025 on the file of the District Munsif -Cum-Judicial Magistrate, Thirukazhukundram. For Petitioner : Mr.M.Gopinath For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 191(2), 191(3), 296(b), 115(2), 118(2), 109, 333, 351(1) of BNS Act and 3(1) of PPDL Act r/w 4 of TNWH Act in PRC.No.33 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 between the accused persons and the defacto complainant, the accused persons/A1 to A21 trespassed into the house of the defacto complainant and assaulted with iron rod and also caused damage to the properties worth about Rs.25,000/-. Hence, the present complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner herein is arrayed as an accused in the charge sheet and he came to know about that only after he has received the summons from the District Munsif Court-Cum-Judicial Magistrate, Thirukalukundram. 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 coaccused were enlarged on anticipatory bail by this Court vide order dated 12.07.2024 in Crl.OP.No.16172 of 2024. Hence, 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 counsel and taking note of the fact that the coaccused were enlarged on anticipatory bail, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is directed to deposit a sum of Rs.5,000/- [Rupees Five Thousand Only] to the credit of Crime No.176 of 2024 before the trial Court, on such deposit and production of proof, 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 learned District Munsif Court-Cum-Judicial Magistrate, Thirukazhukundram, 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:

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(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;

(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 four 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.

25.09.2025 Vv 4/6

To

1. The District Munsif Court-Cum-Judicial Magistrate, Thirukazhukundram

2. The Inspector of Police, E-5, Koovathur Police Station, Chengalpattu District.

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

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K.RAJASEKAR , J.

Vv Crl.O.P.No.26513 of 2025 25.09.2025 6/6