Dinesh v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.28877 of 2025 Dinesh ... Petitioner Vs.

State Rep by The Inspector of Police, P5, M.K.B.Nagar Police Station, Chennai.

... Respondent (Cr.No.459 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 their arrest by the respondent police in Crime No.459 of 2025 on the file of the respondent police.

For Petitioner : Mr.N.Naresh For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 191(3), 296(b), 115(2) 109 of BNS in Cr.No.459 of 2025, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner joining hands with 1/5

other accused, abused and assaulted the defacto complainant with knife and wooden log and caused injuries to him. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the arrested co-accused were released on bail and anticipatory bail by this Court vide order dated 08.10.2025 and 14.10.2025 in Crl.OP.Nos.27229 and 27940 of 2025 respectively. He further submitted that the petitioner is not having any specific overt act. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and reported that the injured was discharged from the hospital and the petitioner is not having any previous case. However, he strongly opposed the grant of 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, the submissions made by both counsels, and taking note of the fact that the petitioner is not having any specific overt act, the injured discharged from the hospital and the co-accused were released on bail and anticipatory bail by this Court respectively and there is no previous case as against the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to 2/5

certain conditions.

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 ready, before the learned X Metropolitan Magistrate, Egmore, Chennai 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 three weeks and thereafter as and when required for 3/5

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 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.

24.10.2025 Vv To

1. The X Metropolitan Magistrate, Egmore, Chennai

2. The Inspector of Police, P5, M.K.B.Nagar Police Station, Chennai.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

K.RAJASEKAR , J.

Vv 4/5

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