Sanjay v. State Rep. By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.30459 of 2025 Sanjay ... Petitioner Vs.
State rep by the , The Inspector of Police, Mailaduthurai Police Station, Mailaduthurai District.
... Respondent (Cr.No.821of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of arrest in Crime No.821 of 2025 pending on the file of the respondent. For Petitioner : Mr.Muthamizh Selvakumar P For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 296(b), 118(1), 351(3) of BNS 2024 (Section 294(b), 323 and 506(ii) of IPC ) in Cr.No.821 of 2025, on the file of the respondent police seeks anticipatory bail.
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2. The case of the prosecution is that there was a quarrel between the parties regarding the parking of the vehicle. Due to which, the petitioner had attacked the defacto complainant with iron rod and also threatened him with Aruval. Hence, the present case.
3. The learned counsel appearing for the petitioner submitted that it is a case of wordy quarrel and injured has been discharged from the hospital. Hence, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and reported that the injured has been discharged from the hospital and there is one previous case as against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case and the submissions made by both counsels, and taking note of the fact that the injured has been discharged from the hospital. Though it is stated that the petitioner is having one previous case, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions 2/5
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate Court-I, Mailaduthurai on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:
(a) If the petitioner 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 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 interrogation;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the 3/5
conditions have been imposed and the petitioner released on anticipatory 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 Act.
07.11.2025 Vv To
1. The Judicial Magistrate Court-I, Mailaduthurai
2. The Inspector of Police, Mailaduthurai Police Station, Mailaduthurai District.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
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K.RAJASEKAR , J.
Vv Crl.O.P.No.30459 of 2025 07.11.2025 5/5