D.Raja v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. D.Raja S/o.Duraisamy, No.71,Anjaneyar Kovil Street, VadaSiruvanur, Siruvalur(Vada), Vellimedupettai, Villupuram.

Tamilnadu-604 207. and 3 Others 2.D. Manikandan S/o.Duraisamy, No.71,Anjaneyar Kovil Street, VadaSiruvanur, Siruvalur(Vada), Vellimedupettai, Villupuram.

Tamilnadu-604 207.

3. NITHYA No 71 Anjaneyar Kovil Street Vada Siruvanur, Siruvalur Vellimedupetta Villipuram 4.Lakshmi@ Dhanalakshmi No 71 Anjaneyar Kovil Street Vada Siruvanur, Siruvalur Vellimedupetta Villipuram Petitioner(s) Vs

1. The State Rep. by The Inspector of Police Vellimedupettai Police Station, Villupuram District. Crime No.

141/2025.

Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest in respect of Crime No. 141 of 2025 on the file of the Inspector of Police, Vellimedupettai Police Station, Villupuram District.

For Petitioner(s):

S.Anburaja For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 118(1), 109(1), 351(3) of BNS, 2023 in Crime No. 141 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners, along with other accused, abused and attacked the defacto complainant with a koduva knife, caused grievous injuries and also attempted to murder her. Hence, the complaint.

3. The learned counsel for the petitioners would submit that there is a case in counter case against the defacto complainant and a false case has been foisted against the petitioners. Therefore, he prays for grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.side) would submit that the injured has been discharged from the hospital and there are no previous cases against the petitioners. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case and also of the fact that there is case in counter case and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners 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 on which the order copy made ready, before the learned Judicial Magistrate-I, Tindivanam, Villupuram District, on condition that the petitioner shall execute a separate 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: (a) If the petitioners 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 petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the 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 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.

06-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa To 1.Judicial Magistrate-I, Tindivanam, Villupuram District. 2.The State Rep. by The Inspector of Police Vellimedupettai Police Station, Villupuram District. Crime No.

141/2025.

3.The Public Prosecutor High of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 30318 of 06-11-2025