Tera @ Tendulkar 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.Tera @ Tendulkar 2.Agarnivas 3.Jega @ Jeganathan @ Jegadeeshwaran 4.Shaina @ Nithish Kanna ... Petitioners

Versus

The State, Rep. by, The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District.

(Crime No.367 of 2025) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS), 2023, to enlarge the Petitioners on bail in the event of their arrest in Crime No.367 of 2025 pending on the file of the respondent.

For Petitioners : Mr. E. Kannadasan For Respondent : Mr. S. Santhosh, Government Advocate (Criminal Side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 109 and 351(3) of the Bharatiya Nyaya Sanhita (BNS) 2023, in connection with the case in Crime No.367 of 2025, seek anticipatory bail.

2. The case of the prosecution is that while the defacto complainant and his friends were playing Volleyball in a ground, they asked the petitioners, and others, who were sitting nearby, to move away. During that time, a wordy quarrel arose between them, pursuant to which the petitioners attacked the defacto complainant and his friends with a knife and also assaulted them with hands and legs all over the body, and thereby causing injuries. Hence, this case.

3.

Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners have no connection with the offence as alleged by the prosecution; and that the petitioners are ready to produce solvent sureties and to abide by any conditions that may

be imposed by this Court and also undertakes to appear and to co-operate for the investigation, and sought for anticipatory bail to the petitioners. 4.

The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for grant of bail to the petitioners, reiterated the prosecution's case and on instructions submitted that the petitioners had attacked the defacto complainant and his friends with a knife and also assaulted them with hands and legs, causing grievous injuries. The injured was immediately admitted to the Government hospital, where the respondent police registered the present case against the petitioners. He further submitted that the first petitioner/A1 has eight previous cases, the second petitioner has eleven previous cases, the third petitioner has five previous cases, and the fourth petitioner has no previous cases. He also submitted that the injured person has now been discharged from the hospital and that the investigation is still pending.

5.

Taking note of the facts and circumstances of the case, the

nature of allegation against the petitioners, submissions made by the learned counsels on either side, the fact that the injured has been discharged from the hospital, and since custodial interrogation of the petitioners are not required for the purpose of investigation, 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.2, Krishnagiri, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- each (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond

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

[b] the petitioners shall report before the learned Judicial Magistrate No.2, Krishnagiri at 10:30 A.M., from Monday to Friday, until further orders and the petitioners shall report before the respondent police daily at 5:00 P.M., until further orders;

[c] the petitioners shall not tamper with evidence or witness either during the investigation or during the trial; [d] the petitioners shall not abscond either during investigation or during the 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 were 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 petitioners thereafter abscond, a fresh

FIR can be registered under Section 269 of B.N.S. 03.10.2025 klt Note:-

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

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 learned Judicial Magistrate No.2, Krishnagiri. 2.The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District. (Crime No.367 of 2025) 3.The Public Prosecutor, High Court of Madras, Chennai - 104.

N.SENTHILKUMAR, J.

klt 03.10.2025