M.Vishva v. State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.10.2025
CORAM
THE HONOURABLE MR. JUSTICE K.RAJASEKAR CRL.O.P No.28104 of 2025 1.M.Vishva 2.M.Vaishnavi ... Petitioners -vsState Rep by, The Inspector of Police, Town Police Station, Karaikal District, Puducherry State.
(Crime No.222 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.222 of 2025 on the file of the respondent police. For Petitioners :
Mr.Vinoth Kumar For Respondent :
Mr.K.S.Mohandass Public Prosecutor, Puducherry
ORDER
The petitioners, who apprehend arrest for the alleged offence punishable under Sections 189(2), 296(b), 115(2), 76, 324(2), 190 of BNS, 1/6
2023, in Crime No.222 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of prosecution is that on 28.08.2025 at 11.00 p.m, the defacto complainant's husband, upon hearing commotion and alarm raised by the people on the street, went to the place of occurrence and seen that all the accused persons had unlawfully assembled and were creating a public disturbance. When the de-facto complainant's husband questioned the same, all the accused persons verbally abused both the de-facto complainant and her husband using filthy language and assaulted them. Further, it is alleged that they caused damage to the window of one Paramasivam, a resident of the same street. Hence the present case.
3. The learned counsel appearing for petitioners submitted that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the co-accused were already released on bail by this Court vide Crl.O.P No.24292 of 2025 on 11.09.2025. Hence, he prayed to grant anticipatory bail to the petitioners.
4. The learned Public Prosecutor, Puducherry appearing for respondent submitted that there are totally eight accused in this case, in 2/6
which the petitioners are arrayed as A7 and A8 and the petitioners had no bad antecedents. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances and also taking note of the fact that the injured has been discharged from the hospital and the coaccused were already released on bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I, Karaikal, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
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(b) the 1st petitioner shall report before the respondent police on every Tuesday at 10.30 a.m., for a period of eight weeks and the 2nd petitioner shall before the respondent police as and when required for interrogation;
(c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the 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) AIR SCW 5560]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
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To 1.The learned Judicial Magistrate No.I, Karaikal. 2.The Inspector of Police, Town Police Station, Karaikal District, Puducherry State.
3.The Public Prosecutor, Puducherry.
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K.RAJASEKAR, J.
uma Crl.O.P.No.28104 of 2025 15.10.2025 6/6