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Madras High CourtCRL OP/29052/2025granted

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

2025-10-27Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.29052 of 2025

1. Ramkumar

2. Malini

3. Seethalakshmi

4. Ananthi ... Petitioners Vs.

State rep. by The Inspector of Police, Nagapattinam Town Police Station, Nagapattinam.

Crime No.440 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on anticipatory bail in the event of their arrest in Crime No.440 of 2025 on the file of the respondent police.

For Petitioner :

Mr.Vijayaragavan Marimuthi For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl.side)

O R D E R

The petitioner herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 131 and 351(2) of BNS Act, 2023 and Section 4 of Tamil Nadu Prohibition of 1/4

Harassment of Women Act in Crime No.440 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, petitioners abused and attacked the defacto complainant and also threatened with dire consequences. Hence the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons, and the petitioners have been falsely implicated in this case; and that the custodial interrogation of the petitioners are not necessary in this case and hence, prayed for anticipatory bail to the petitioners.

4. The case of the prosecution as putforth by the learned Government Advocate (Crl.Side) appearing for the respondent police, opposing for grant of bail, is that the petitioners abused and attacked the defacto complainant and also threatened with dire consequences. He would further submit that there is no previous case as against the petitioners.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the facts and circumstances of the case and also taking note of the fact that there is no previous case pending against the petitioners, 2/4

this Court is inclined to grant anticipatory bail to the petitioners with certain conditions:

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Additional Mahila Court @ Magisterial Level, Nagapattinam, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: [a] if the petitioners fail to surrender before the concerned Magistrate within a period of ten 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;

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K.RAJASEKAR, J.

kmm [c] the petitioners shall report before the respondent police daily 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 27.10.2025 kmm To

1. The Additional Mahila Court @ Magisterial Level, Nagapattinam.

2. The Inspector of Police, Nagapattinam Town Police Station, Nagapattinam.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.29052 of 2025 4/4