S.Jackson Subisaran @ Subisaran v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-10-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.27710 of 2025 S. Jackson Subisaran @ Subisaran ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Ambur Taluk Police Station, Ambur, Thirupathur District.
(Crime No.229 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent in Crime No.229 of 2025 on the file of the respondent police.
For Petitioner : Mr. Thiyaga Rajan For Respondent : Mr. A. Gopinath 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 296(b), 115(2) and 351(3) of BNS in Crime No.229 of 2025 on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and the defacto complainant are residing in the same village and during Ganesh Chathurthi celebration in their village, there was a wordy quarrel arose between the petitioner and the defacto complainant; that thereby both parties attacked each other and the same was resolved by the intervening of the village elders; that on account of that dispute, later on 15.09.2025 the petitioner along with other accused/ A2 and A3 abused the defacto complainant using filthy language and man-handled him; that the other accused/ A2 tried to assault the defacto complainant using knife and they threatened him of dire consequences. Hence, this case.
3. The learned counsel appearing for the petitioner submitted that the petitioner was falsely implicated in this case and he has not involved in the above said offence. He further submitted that the petitioner is a law college 2/6
student and on account of previous enmity, the defacto complainant lodged a false complaint against the petitioner herein and he is ready to abide by any conditions that may be imposed by this Court, hence sought for anticipatory bail to the petitioner.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioner reiterated the prosecution case and submitted that the petitioner has no previous antecedents and no serious injuries caused to anyone in this case; and that the investigation of this case is pending.
5. Considering the facts and circumstances of this case, the nature of allegation and taking note of the fact that the petitioner has no previous 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, Ambur on condition that the petitioner shall execute a bond 3/6
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 on which the order copy made ready, 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 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 one week 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 4/6
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.
10.10.2025 stn To
1. The Judicial Magistrate, Ambur.
2. The Inspector of Police, Ambur Taluk Police Station, Ambur, Thirupathur District.
(Crime No.229 of 2025)
3. The Public Prosecutor, High Court of Madras.
K. RAJASEKAR, J.
stn 5/6
Crl.O.P. No.27710 of 2025 10.10.2025 6/6