Kalaivanan v. State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Kalaivanan S/o Karuthamani. New Colony, Keezhseruvai Post, Thittagudi Taluk, Cuddalore district

2. Akash @ Thangadurai S/o Palanivel, Nadu Street, Athiyur North, perambalur District

3. Naveen S/o.Nallappan Keezhseruvai post, Thittagudi Taluk, Cuddalore District

4. Periyasamy S/o.Pandiyan New Colony, Keezhseruvai Post, Thittagudi Taluk, Cuddalore District Petitioner(s) Vs

1. State by The Inspector of Police Thittakudi Police Station, Cuddallore District (Cr.No. 201 of 2025) Respondent(s)

PRAYER To enlarge the petitioner on Anticipatory bail in the event of their arrest, pending investigation in Cr.No.201/2025, on the file of the Thittakudi Police Station, Cuddallore District and thus render justice. For Petitioner(s):

D Ashok Kumar For Respondent(s):

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

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 115(2), 118(2), 329(4), 351(2) of BNS and section 4 of Tamilnadu Prohibition of Women Harassment Act in Crime No. 201 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 21.10.2025, the first petitioner picked up quarrel with the defacto complainant and using filthy language on him and scolded his wife, as a result of which, the petitioners attacked the defacto complainant and caused injuries. 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. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) would submit that the petitioners have attacked the defacto complainant and caused grievous injuries to him. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

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 are 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, Thittagudi, on condition that the petitioner shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty 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 06.00 p.m., for a period of two 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.

04-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa To 1.The Judicial Magistrate, Thittagudi.

2.State by The Inspector of Police Thittakudi Police Station, Cuddallore District (Cr.No. 201 of 2025) 3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 29947 of 04-11-2025