Ganapathy @ Selvaganapathy 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.28196 of 2025 Ganapathy @ Selvaganapathy ... Petitioner Vs.
The State Rep by The Inspector of Police, Jolarpet Police Station Thirupathur-635851 ... Respondent (Cr.No.321 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest concerned in Crime No.321 of 2025 on the file of the respondent police.
For Petitioner : Mr.K.Arumugam For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest for the alleged offences under Sections 191(2), 296(b), 115(2), 118(1) of BNS Act, in Crime No.321 of 2025, on the file of the respondent police seeks anticipatory bail. 1/5
2. The case of the prosecution is that, during the temple festival, due to a wordy quarrel between the parties, the petitioner along with other accused abused and attacked the de-facto complainant by using hands and a knife and thereby, caused injuries to him. Hence, the present complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and reported that based on the occurrence, a case and a case in counter have been registered. He further submitted that the petitioner has no bad antecedents. However, he opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, and the submissions made by both counsel, and taking note of the fact that the petitioner is not having any previous case, and that the injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
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7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate No.I, Thirupathur, 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 learned Magistrate concerned, and on further condition that:
(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 identify proofs to ensure their identity; (c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the 3/5
K.RAJASEKAR , J.
uma conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
15.10.2025 uma To
1. The Judicial Magistrate No.I Thirupathur.
2.The Inspector of Police, Jolarpet Police Station Thirupathur-635851 3.The Public Prosecutor High Court of Madras, Chennai 600 104.
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