Kalaiarasan v. State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.29130 of 2025

1. Kalaiarasan

2. Vimalraj ... Petitioners Vs.

State Rep By The Inspector of Police H-8 Thiruvottiyur Police Station, Tiruvallur District.

Crime No.1137 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.1137 of 2025 on the file of the respondent police.

For Petitioners :

Mr.Saravanan 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), 351(3) of BNS in Crime No.1137 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, the petitioners along with other accused abused filthy language and attacked the defacto complainant with deadly knife and also threatened with dire consequence. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person, and the petitioner has been falsely implicated in this case; and that the custodial interrogation of the petitioner is not necessary in this case and hence, prayed for anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) would submit that the person who sustained injuries in the alleged occurrence had been discharged from the hospital. However, he opposed to grant 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 and also taking note of the fact that the injured discharged from the hospital, 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 2/4

date of receipt of a copy of this order, before the learned Judicial Magistrate Cum Munsif Court, Thiruvottiyur, Tiruvallur District, on condition that the petitioner 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 fails 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;

[c] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

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K.RAJASEKAR, J.

kmm [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 Judicial Magistrate Cum Munsif Court, Thiruvottiyur, Tiruvallur District.

2. The Inspector of Police H-8 Thiruvottiyur Police Station, Tiruvallur District.

3.The Public Prosecutor, High Court of Madras.

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