Srinath v. The State Rep. By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-10-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. Srinath S/o. Jayakumar Vandi Pattai Street, Pallapatti, Swaminathapuram Salem District.
Petitioner(s) Vs
1. The state rep. by, The Inspector Of Police Sooramangalam Police Station Salem District (Crime No. 540 of 2025).
Respondent(s) PRAYER To order enlarge the petitioner on Anticipatory bail in Crime No. 540/2025 pending investigation on the file of the Respondent. For Petitioner(s):
Dasarathan Palanisamy H.Santhanajothi For Respondent(s):
Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 118(1) of BNS Act in Crime No.540 of 2025, on the file of the respondent police seeks anticipatory bail.
2. The allegation against the petitioner is that due to quarrel, the petitioner attacked the defacto complainant with iron rod and caused injuries. Hence the case.
3. The learned counsel for the petitioner submitted that the petitioner is innocent person and he has been falsely implicated in this case. Therefore, he prays to grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reported there is no previous cases against the petitioner and the victim has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.
5. Considering the nature of the allegation and that the victim has been discharged from the hospital, I am 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 (15) days from the date on which the order copy made ready, before the learned Judicial MagistrateII, 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:
(a) If the petitioner 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 petitioner shall report before the respondent police everyday 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 aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the 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 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.
10-10-2025 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Judicial Magistrate-II, Salem.
2.The state rep. by, The Inspector Of Police Sooramangalam Police Station Salem District (Crime No. 540 of 2025).
3.The Public Prosecutor High Court of Madras.
K.RAJASEKAR J.
mpa CRL OP No. 27756 of 10-10-2025