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Madras High CourtCRL OP/26699/2025granted

Ganapathi v. The State Rep By, The Inspector Of Police,

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. Ganapathi S/O. Veerasamy Selliamman Kovil Street, Tindivanam T.K Siruvadi, Villupram 604 301. and 2 Others

2. KARUNAKARAN S/O. Ganapathi No.4, Palla Street, Tindivanam (T.K) Siruvadi, Villupram -604 301.

3. SAROJA W/O. Marimuthu Tindivanam (T.K) Selliammankovil Street, Siruvadi, Villupuram-604 301.

Petitioner(s) Vs

1. The State Rep by, The Inspector of Police, Brammadesam Police Station, Villupuram District. Cr.No.196/2025.

Respondent(s)

PRAYER To grant anticipatory bail to the petitioners in the event of arrest in connection with Crime No.196 of 2025 pending investigation on the file of the respondent police and thereby render justice.

For Petitioner(s):

Vinoth Kumar A K.Anushiya N.Selvakumar R.Baskaran For Respondent(s):

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

ORDER

The petitioners apprehend arrest for the alleged offence under Section 296(b), 115(2), 118(1) and 351(3) of BNS in Crime No.196 of 2025, on the file of the respondent police seek anticipatory bail.

2. The allegation against the petitioner is that due to previous enmity, the petitioners attacked the defacto complainant and caused grievous 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 due to previous enmity, the petitioners attacked the defacto complainant and caused grievous injuries. 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, Tindivanam, Villupuram 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, Tindivanam, Villupuram District. 2.The State Rep by, The Inspector of Police, Brammadesam Police Station, Villupuram District. Cr.No.196/2025.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 26699 of 26-09-2025