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Madras High CourtCRL OP/27763/2025partly allowed

Ramakrishnan @ Krishna v. State Rep By Its, The Inspector Of Police,

2025-10-13Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.27763 of 2025

1. Ramakrishnan @ Krishna

2. Sijosh ... Petitioners/ Accused Vs The State rep. By, The Inspector of Police, Anamalai Police Station, Coimbatore District.

(Crime No.518 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on anticipatory bail in the event of arrest by the respondent in Crime No.518 of 2025 on the file of the respondent police.

For Petitioners : Mr. S. Arul Selvan For Respondent : Mr. S. Udayakumar Government Advocate (Crl.Side) ****** 1/6

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), 118(1), 303(2) and 351(3) of BNS in Crime No.518 of 2025 on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that while the defacto complainant and his friends were went tot a trip on Maraiyur, they stopped their vehicle near roadside and heard songs in their car; that the petitioners along with other accused came there picked up a wordy quarrel and attacked the defacto complainant and his friends with wooden log. Hence, this case.

3. The learned counsel appearing for the petitioners submitted that a false case has been lodged against the petitioners herein and submitted that the defacto complainant and his friends stopped their car near road sides, consumed alcohol and caused nuisances to the public; that while the same was questioned, they started abusing, hence there was a wordy quarrel and both parties attacked each other. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court, 2/6

hence sought for anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioners reiterated the prosecution case and submitted that the petitioners herein are arrayed as A2 and A3; that the second petitioner herein/ Sijosh has eight previous cases and the first petitioner herein/ Ramakrishnan @ Krishna has no previous antecedents; that the injured discharged from the hospital and that the investigation of this case is pending.

5. Considering the facts and circumstances of this case, nature of allegation and taking note of the fact that the previous antecedents of the second petitioner herein/ Sijosh, this Court is not inclined to grant anticipatory bail to the second petitioner/ Sijosh at present.

6. Considering the facts and circumstances of this case, the fact that the injured discharged from the hospital and the first petitioner herein/ Ramakrishnan @ Krishna has no previous antecedents, this Court is inclined to grant anticipatory bail to the first petitioner/ Ramakrishnan @ Krishna with certain conditions.

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7. Accordingly, the first petitioner/ Ramakrishnan @ Krishna 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-I Court at Pollachi 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 that:

[a] if the first petitioner/ Ramakrishnan @ Krishna 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 first petitioner/ Ramakrishnan @ Krishna shall report before the respondent police daily at 4/6

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 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 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.

13.10.2025 stn To

1. The Judicial Magistrate-I, Pollachi.

K. RAJASEKAR, J.

stn

2. The Inspector of Police, 5/6

Anamalai Police Station, Coimbatore District.

(Crime No.518 of 2025)

3. The Public Prosecutor, High Court of Madras.

Crl.O.P. No.27763 of 2025 13.10.2025 6/6