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Madras High CourtCRL OP/30491/2025granted

L.Senthil Kumar v. The Sub-Inspector Of Police,

2025-11-10Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.30491 of 2025 L.Senthil Kumar ... Petitioner Vs.

The State rep by , Sub Inspector of Police, Veppankuppam Police Station, Vellore District.

... Respondent (Cr.No.329 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the anticipatory bail to the petitioner in the event of arrest in Crime No.329 of 2025 on the file of the respondent police.

For Petitioner : Mr.C.Santhosh Seetharam For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Section 1/6

296(b), 115(2), 351(2) of BNS (which can be compared to Sections 294(b), 323 and 506(2) of IPC) and under Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 1998 in Cr.No.329 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The allegation against the petitioner is that due to family dispute, the petitioner herein had picked quarrel with the defacto complainant, who is the mother-in-law of the petitioner, abused and attacked her with deadly weapons and caused injuries to her. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that for the said occurrence, case and counter case also registered and the petitioner has also suffered injuries. He further submitted that the injured has taken treatment as outpatient. Further, he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and reported that the injured has taken treatment as outpatient and the petitioner is having three previous cases. Hence, he opposed to grant anticipatory bail to the petitioner.

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

6. Considering the nature of offence, the injured has taken treatment as outpatient. Though, three cases were shown as previous cases, out of which, two cases were already disposed of. Hence, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions

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 3/6

Magistrate-III, Vellore 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 three weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the 4/6

learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the 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.

10.11.2025 Vv To

1. The Judicial Magistrate-III, Vellore

2. The Sub Inspector of Police, Veppankuppam Police Station, Vellore District.

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

K.RAJASEKAR , J.

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Vv Crl.O.P.No.30491 of 2025 10.11.2025 6/6