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Madras High CourtCRL OP/27021/2025granted

Guru @ Sankar Guru v. State Rep By, The Sub Inspector Of Police

2025-10-07Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Guru @ Sankar Guru ... Petitioner Vs.

State Rep by, The Sub Inspector of Police, Kitchipalayam Police Station, Salem.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.284 of 2025, on the file of the respondent Police pending investigation.

For Petitioner : Mr.Siranjeevi R For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1) and 351(3) of BNS, in Crime No.284 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner joined hands with other accused attacked the defacto complainant with iron rod and caused injuries. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. He further submitted that some of the accused already arrested and released on bail. Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) for the respondent police reported that the injured has been discharged from the hospital and the petitioner has no previous case against him. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the fact that some of the accused already arrested and released on bail and the petitioner has no bad antecedents, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Salem, 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 of the learned Magistrate concerned and on further condition that:

(a) If the petitioner fails to surrender before the concerned Magistrate, within a period of fifteen 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 the identity proofs to ensure their identity;

[c] the petitioner shall report before the respondent Police daily 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 07.10.2025 dna 4/6

To 1.The Judicial Magistrate-II, Salem.

2.The Sub Inspector of Police, Kitchipalayam Police Station, Salem.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

dna 07.10.2025 6/6