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Madras High CourtCRL OP/29671/2025granted

Sanjay v. State Rep. By The Inspector Of Police

2025-10-31Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Sanjay Petitioner(s) Vs State Rep. by The Inspector of police K-6 T.P.Chathiram police station, Chennai. Crime no. 315/2025. Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest in Crime No. 315 of 2025 on the file of the respondent police Station. For Petitioner(s):

Mr.Mukesh Kannah For Respondent(s):

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

ORDER

The petitioner, apprehends arrest for the alleged offences under Sections 191(2), 191(1), 296(b), 118(1), 115(2), 351(3) of BNS Act, in Crime No.315 of 2025, on the file of the respondent police, seek anticipatory bail.

2.

The case of the prosecution is that a wordy quarrel arouse between the petitioner and de facto complainant, as a result of which the latter was attacked with hands and sustained injuries. Hence, the case. 3.

The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police per contra submitted that due to previous enmity, quarrel arouse between the petitioner and the de facto complainant as a result of which the de facto complainant was attacked with hands, admitted and discharged from hospital. Hence, opposed for grant of anticipatory bail to the petitioner.

5.Considering the representations made by both sides, as the de facto complainant has been discharged from the hospital, there is no previous case as against the petitioner, and since custodial interrogation is not required, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on 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 V Metropolitan Magistrate, Egmore 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 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;

[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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];

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

31-10-2025 gbi

To 1.State Rep. by The Inspector of police K-6 T.P.Chathiram police station, Chennai. Crime no. 315/2025.

2.The V-Metropolitan Magistrate, Egmore.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 29671 of 31-10-2025