Sekar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2025

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL OP No.30965 of 2025

1. Sekar

2. Gokul @ Sanjai ... Petitioners Vs The State rep. by, The Inspector of Police, Kandli Police Station, Thirupathur District (Crime No.289 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.289 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. R. Parthiban For Respondent(s) :

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

ORDER

The petitioners, who apprehends arrest by the respondent police for the offences punishable under Sections 126(2), 296(b), 115(2),118(1),351(3) of BNS in Crime No.289 of 2025 seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity the petitioners attacked the defacto complainant and caused injuries to him. Hence, the complaint.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent person and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide any condition as imposed by this Court.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners that the injured was discharged from the hospital However, he opposed for grant of anticipatory bail to the petitioners. 2/6

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

6. Accordingly, the petitioners are 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 Court No.II, Thirupathur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, 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;

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(b) the petitioners shall report before the respondent police as and when required for interrogation; (c) the petitioners 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.

13.11.2025 smn To

1. The District Munsif cum Judicial Magistrate Court No.II, Thirupathur

2. The Inspector of Police, 4/6

Kandli Police Station, Thirupathur District 3.

The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI, J.

smn 5/6

Crl.O.P. No.30965 of 2025 13.11.2025 6/6