Silambarasan v. State Rep By Its, 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.30609 of 2025 Silambarasan ... Petitioner

Versus

The State rep by its, The Inspector of Police, Komaralingam Police Station, Tiruppur District.

(Crime No.212 of 2025) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on bail in the event of his arrest in Crime No.212 of 2025 on the file of the respondent police.

For Petitioner :

Mr.D.Dayalan For Respondent :

Mr.S.Udaya Kumar, Government Advocate (Crl. Side)

O R D E R

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 333, 296(b), 351(3), 324(2) of BNS, 2023 in Crime No.212 of 2025 seeks anticipatory bail. 1/5

2.The allegation against the petitioner is that due to a money dispute, on the date of the alleged occurrence, the petitioner joining hands with other accused trespassed into the house of the defacto complainant, abused him, and damaged the property worth Rs.1,000/-. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that there was a quarrel among the family members for which the petitioner has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are two accused in this case and the petitioner herein is ranked as A1, and A2 was arrested and still in judicial custody. He further submitted that the petitioner has three previous cases, though not for similar offences, pending against him. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

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6. Considering the submissions made by the learned counsel on either side, and taking into account the fact that no injury was caused in this case and though the petitioner has previous cases which appear to have arisen out of quarrels between brothers, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned District Munsif cum Judicial Magistrate, Madathukulam, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the concerned Court everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation; 3/5

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

10.11.2025 drl To 1.The District Munsif cum Judicial Magistrate, Madathukulam.

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

3.The Public Prosecutor, High Court, Madras.

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K.RAJASEKAR, J.

drl CRL.O.P.No.30609 of 2025 10.11.2025 5/5