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Madras High Court/30873/2025granted

Seenu v. State Rep. By The Sub Inspector Of Police

2025-11-126 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.30873 of 2025 1.Seenu 2.Lakshmanan ... Petitioners

Versus

State represented by The Sub-Inspector of Police, Sunguvarchatram Police Station, Kancheepuram.

(Crime No.371 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of arrest in the Crime No.371 of 2025 on the file of the respondent police. For Petitioner :

Mr.G.Balamanikandan For Respondent :

Mr.S.Udayakumar Government Advocate (Crl. Side) ********* 1/6

O R D E R

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 191(2), 191(3), 126(2), 296(b), 329(3), 118(1) & 351(3) of BNS, 2023 (corresponding sections 146, 148, 341, 294(b), 447, 324 & 506(ii) of IPC) in Crime No.371 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 20.10.2025, during the funeral ceremoney of one person viz., Kamaraj, the petitioners along with other three accused attacked one Pazhani and Manvalan. In the said attack, there was a fracture in right side shoulders of Pazhani and Manavalan. Hence, the complaint.

3. The learned counsel appearing for the petitioner submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the victims have been discharged from the hospital and there are no previous cases against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the submissions made on both sides and that the victim has been discharged from the hospital and there are no previous cases against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioner are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sriperumbudur, on condition that the petitioners shall also execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (out of which one surety should be a blood surety) each, for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the 3/6

satisfaction of the learned Magistrate concerned, failing which, the petition for interim anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and 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 petitioners shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled 4/6

to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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];

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

12.11.2025 mpa To 1.The Judicial Magistrate, Sriperumbudur.

2.The Sub-Inspector of Police, Sunguvarchatram Police Station, Kancheepuram.

3.The Public Prosecutor, High Court, Madras.

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T.V.THAMILSELVI, J.

mpa 12.11.2025 6/6