Sanjay v. The State Rep By Sub-Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Sanjay S/o. Harikrishnan, No. 15/8, 37th Street, Ashok Nagar, Chennai - 600 083.

Petitioner(s) Vs

1. The State Rep by Sub-Inspector of Police R-8, Vadapalani Police Station, Chennai. (Crime No.284 of 2025) Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest in connection with Crime No. 284 of 2025 on the file of the respondent police and thus render justice.

For Petitioner(s):

G. Anand Kumar For Respondent(s):

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

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(2) of BNS in Crime No.284 of 2025 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that on 01.10.2025, while the defacto complainant and his friends were having tea in a "Tea Point" situated at 100 Feet Road, Vadapalani, the petitioner along with other accused picked up a wordy quarrel with the defacto complainant and his friends; that thereby abused, assaulted them and also threatened them of dire consequences. Hence, this case.

3. The learned counsel appearing for the petitioner submitted that the co-accused was granted anticipatory bail by this Court in Crl.O.P.No.27759 of 2025 dated 13.10.2025. He further submitted that the petitioner is not a named accused in the FIR and he is ready to abide by any conditions that may be imposed by this Court, hence sought for anticipatory bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioner reiterated the prosecution case and submitted that it is the case of simple injury and the petitioner has no previous antecedents; and that the investigation of this case is pending.

5. Considering the facts and circumstances of this case, the petitioner has no previous antecedents and the co-accused was granted anticipatory bail by this Court in Crl.O.P.No.27759 of 2025 dated 13.10.2025, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned XI Metropolitan Magistrate Court, Saidapet, Chennai 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 petitioner fails to surrender before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, 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 petitioner shall report before the respondent police daily at 10.30.a.m., for a period of one week and thereafter, as and when required for interrogation; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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

06-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa To 1.XI Metropolitan Magistrate Court, Saidapet, Chennai. 2.The State Rep by Sub-Inspector of Police R-8, Vadapalani Police Station, Chennai. (Crime No.284 of 2025)

3. The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 30257 of 06-11-2025