Ponniyappan v. State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.

Ponniyappan 2.

Subash 3.

Mageswari ... Petitioners Vs.

State Rep. By, The Inspector of Police, Dusi Police Station, Tiruvannamalai District.

Crime No.408 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.408 of 2025 on the file of the respondent police.

For Petitioners :

Mr.A.Saranraj For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side) 1/6

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 126(2), 115(2), 329(2) and 351(2) of the Bharatiya Nyaya Sanhita r/w. Section 4 of Tamil Nadu prohibition of Harassment of Women Act in Crime No.408 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The allegation against the petitioners is that when the defacto complainant along with his family member was proceeding in a car towards his house, at that time, the petitioners restrained the defacto complainant's car and assaulted them. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that injured victim has been discharged from the hospital, however, he opposed for grant 2/6

of anticipatory bail to the petitioners.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the submissions made by the learned counsels on either side and the fact that the injured victim has been discharged from the hospital, 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 their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Cheyyar, Tiruvannamalai District, on condition that each of the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that:

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[a] if the petitioners fails to surrender before the concerned Magistrate within a period of ten 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 the identity proofs to ensure their identity;

[c] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of three 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 petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

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

13.10.2025 sma To 1.The Judicial Magistrate, Cheyyar, Tiruvannamalai District.

2.The Inspector of Police, Dusi Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

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