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Madras High CourtCRL OP/28916/2025granted

Nandhakumar v. The State Rep By Its, The Inspector Ofpolice,

2025-10-25Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.28916 of 2025

1. Nandhakumar

2. Gokulnathan ... Petitioners Vs.

The State Rep. by its, The Inspector of Police, Kundrathur Police Station, Kancheepuram District.

... Respondent (Crime No.384 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.384 of 2025 on the file of the respondent police. For Petitioner : Mr.Guruprasad For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS Act, in Crime No.384 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that due to wordy quarrel, petitioners abused and brutally attacked the defacto complainant. Due to which, the defacto complainant sustained grievous injuries. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioner 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 learned Government Advocate (Crl.Side) appearing for the respondent would submit that due to wordy quarrel, petitioners abused and brutally attacked the defacto complainant. Due to which, the defacto complainant sustained grievous injuries. He would further submit that, apart from this case, first petitioner has one previous case and second petitioner has no previous case. Hence, he vehemently opposed for the grant of anticipatory bail to 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, submissions made by learned counsels on either side, also considering the fact that the 2/6

investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions., hence, 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 Judicial Magistrate, Sriperumbedur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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. 25.10.2025 kmm To

1. The Judicial Magistrate, Sriperumbedur.

2. The Inspector of Police, Kundrathur Police Station, Kancheepuram District.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.28916 of 2025 4/6