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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR

1. Chitra

2. Kumar @ Purusothaman

3. Soundhariya

4. Meganathan

5. Murugan 6.Magi@Magendiran

7. Rajesh

8. Lakshmi

9. Pathmini@Padma ... Petitioners Vs.

The State Rep. by The Inspector of Police Omerabad Police Station, Thirupathur District (Crime No.288 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioners on bail in the event of arrest in Crime No.288 of 2025 on the file of the respondent Police.

For Petitioners : Mr.T. Dhasarathan For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side) 1/6

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 351(3) and 3(5) of BNS Act( U/ Sections 294(b), 324, 506(2) and 34 of IPC) in Crime No.288 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to pathway dispute among the petitioners and the defacto complainant, they have attacked the defacto complainant and his son using multiple things which escalated into violence and assault. Hence the complaint has been registered. 3.

Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case; that the petitioners have not committed any offence as alleged by the prosecution; and that the petitioners areready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation. 4.Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and he opposed for grant of anticipatory bail to the petitioners. He further submitted that the injured was discharged from the hospital.

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5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record.

6.Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the injured was discharged from the hospital, the petitioners and since custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are 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-Ambur, Thirupathur District on condition that the petitioners shall execute a bond for a sum of Rs.

the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners 1, 3, 8 and 9 shall report before the respondent police as and when required for interrogation; petitioners 2, 4 to 7 shall report before the respondent police everyday at 10.30 a.m. until further orders.

[c]the petitioners shall not tamper with evidence or witness either during investigation or trial. [d]the petitioners shall not abscond either during investigation or trial.

[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action 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 vs. State of Kerala [(2005)AIR SCW 5560].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

03.10.2025 smn/kas Note:-

1. Registry is directed to forthwith upload this order in the official website of this Court.

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2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate-Ambur Thirupathur District

2. The Inspector of Police Omerabad Police Station, Thirupathur District.

3.The Public Prosecutor High Court of Madras.

N.SENTHILKUMAR, J.

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