Thiyagarajan v. State Represented By The Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.27906 of 2025

1. Thiyagarajan

2. Kavitha ... petitioners Vs.

State represented by The Sub Inspector of Police, Pallapatty Police Station, Salem District.

... Respondent (Crime No.356 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.356 of 2025 on the file of the respondent police. For petitioners : Mr.V.Ramana Reddy For Respondent : Mr.S.Udhayakumar Government Advocate (Crl. Side)

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 75(1) of BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.356 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/6

2. The allegation against the petitioners is that during a wordy quarrel, the petitioners along with other accused abused and attacked the defacto complainant with hands and legs. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that, co-accused were granted bail by this Court in Crl.O.P.No.25995 of 2025. 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 there is no previous case pending against the petitioners. He would further submit that the co-accused - A3 to A6 had been released on bail in Crl.O.P.No.25995 of 2025 dated 22.09.2025. However, he opposed to grant anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the nature of allegations, no previous case reported against the petitioners and the fact that the co-accused who are arrayed as accused Nos.3 to A6 who are similarly placed with the petitioners are 2/6

already granted bail by this Court. Hence 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 Additional Mahila Court, Salem, on condition that the petitioners 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:

[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 3/6

interrogation;

K.RAJASEKAR , J.

kmm [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. 13.10.2025 kmm To

1. The Additional Mahila Court, Salem.

2. The Sub Inspector of Police, Pallapatty Police Station, Salem District.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.27906 of 2025 4/6