Thanabakiyam v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.28446 of 2025 1.Thanabakiyam 2.Pazhanimuthu 3.Sathya 4.Yasodha ... Petitioners

Versus

The Inspector of Police, Thalaivasal Police Station, Salem District.

(Crime No.354 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent police in Crime No.354 of 2025 on the file of the respondent police.

For Petitioner :

Mr.E.Kannadasan For Respondent :

Mr.S.Udaya Kumar, Government Advocate (Crl. Side)

O R D E R

The petitioners, who apprehend arrest by the respondent police for the offences punishable under Sections 191(2), 191(3), 115(2), 118(1), 1/5

127(2), 329(4), 326(g), 74, 305(a) of BNS 2023, subsequently altered to Sections 191(2), 191(3), 115(2), 118(1), 127(2), 329(4), 326(g), 74, 305(a), 296(b) of BNS 2023, in Crime No.354 of 2025, seek anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused, quarrelled with the defacto complainant, attacked him with deadly weapons and took away properties worth about Rs.75,000/-. Hence, the complaint.

3.The learned counsel appearing for the petitioners submits that, due to property dispute, a false complaint has been lodged against the petitioners. He further submitted that some of the accused have already been released on bail. 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 submitted that the coaccused have already been released on anticipatory bail by this Court in Crl.OP.No.27559 of 2025 dated 09.10.2025. He further submitted that the injured has been discharged from the hospital and the petitioners have no previous case pending against them.

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5.Heard the learned counsel for the petitioners as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

6.Considering the submissions made on both sides and the injured has been discharged from the hospital and that the co-accused have already been released on anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.

Accordingly, the petitioners are ordered to be released on anticipatory 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.II, Attur, on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only), each 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two week and thereafter as and when required for interrogation;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners shall not abscond either during investigation or trial;

(f) 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;

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

17.10.2025 drl To 1.The Judicial Magistrate No.II, Attur.

2. The Inspector of Police, Thalaivasal Police Station, Salem District.

3.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

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drl CRL.O.P.No.28446 of 2025 17.10.2025 5/5