Gurumoorthy v. State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.30499 of 2025

1. Gurumoorthy

2. Manonmani ... Petitioners Vs.

State by The Inspector of Police, Kangeyam Police Station, Tiruppur District.

... Respondent (Cr.No.716 of 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.716 of 2025 on the file of the Inspector of Police, Kangeyam Police Station, Cuddalore District For Petitioners : Mr.S.Silambu Selvan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest for the alleged offence under 1/5

Section 296(b), 115(2), 118(1), 351(3) of BNS in Crime No.716 of 2025, on the file of the respondent police seek anticipatory bail.

2. The allegation against the petitioners is that, due to a dispute regarding parking of a vehicle, the petitioners picked a quarrel with the defacto complainant, abused and attacked him, and caused injuries. Hence, the present complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any such offence as alleged by the prosecution, that there are no previous cases against them, and that they are ready to abide by any stringent conditions that may be imposed by this Court. He further submitted that the co-accused have been enlarged on anticipatory bail. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and reported that there are no previous cases against the petitioners and that the co-accused have been 2/5

enlarged on anticipatory bail. Hence, he opposed the grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, the fact that there are no previous cases against the petitioners, and that the co-accused have been enlarged on anticipatory bail, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions

7. 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, before the learned Judicial Magistrate, Kangeyam on condition that each of the petitioners shall execute separate bonds 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 petitioners fails to surrender before the 3/5

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 three 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 anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in 4/5

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.

10.11.2025 Vv To

1. The Judicial Magistrate, Kangeyam

2. The Inspector of Police, Kangeyam Police Station, Tiruppur District.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

5/5

K.RAJASEKAR , J.

Vv Crl.O.P.No.30499 of 2025 10.11.2025 6/5