S.Gijendran v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR S.Gijendran ... Petitioner Vs.

The Inspector of Police, Tiruchengode Town Police Station, Tiruchengode, Namakkal District.

(Crime No.93 of 2025).

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of the arrest in C.C.No.293 of 2025 on the file of the Judicial Magistrate, Tiruchengode, Namakkal District. For Petitioner : Mr.C.Prakasam For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 329(3), 296(b), 115(2), 118(1), 303(2), 351(3) of BNS Act and U/s 4 of the Prohibition of Harassment of Women Act, 2002, in Crime No.93 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner is the friend of the defacto complainant, he collected a sum of Rs.60 lakhs and failed to repay the same. The defacto complainant demanded the repayment of the loan. This petitioner was having a grudge against him and on 17.03.2025 he waylaid the defacto complainant abused him and attempted to attack him. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) for the respondent police reported that the final report filed in this case and the petitioner is having no previous case against him. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the nature of the allegation and the petitioner has no bad antecedents as reported by the learned Government Advocate (Crl.Side) this Court is 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate, Tiruchengode, Namakkal District, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: 3/6

(a) If the petitioner fails to surrender before the concerned Magistrate, within a period of fifteen 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 petitioner 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 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];

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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 15.10.2025 dna To 1.The Judicial Magistrate, Tiruchengode, Namakkal District.

2.The Inspector of Police, Tiruchengode Town Police Station, Tiruchengode, Namakkal District.

(Crime No.93 of 2025).

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

dna 15.10.2025 6/6