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Madras High CourtCRL OP/31703/2025partly allowed

Sethuraman v. State Of Tamil Nadu Represented By The Inspector Of Police

2025-11-20Honourable Mr.Justice K.Rajasekar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Sethuraman 2.Santhalingam

3. Sasi @ Sasikumar

4. Selvam ... Petitioners Vs.

State By, The Inspector of Police, Ariyoor Police Station, Vellore, Vellore District.

Crime No.184 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of his arrest in Crime No.184 of 2025 on the file of the respondent police.

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For Petitioners :

Mr.M R Thangavel For Respondent :

M/s.J.R.Archana Government Advocate (Crl. Side)

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) of BNS in Crime No.184 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners joined together and attacked the defacto complainant using the hands for the reason that he objected for parking the vehicle and thereafter defacto complainant was taken 2/8

to hospital. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the injured has been discharged from the hospital. She further submitted that major allegations are only as against the st petitioner and he was arrested and when steps were taken to remand him, it revealed that he was medically unfit to remand.

5. Considering the fact that the major allegations are against the 1 st petitioner, this Court is not inclined to grant bail to the 1 st petitioner.

Accordingly, this Criminal Original Petition is dismissed. However, with 3/8

respect to the other petitioners, considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners ( 2, 3 & 4) with certain conditions:

6. Accordingly, the petitioners ( 2, 3 & 4) is ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Vellore on condition that each of the petitioners ( 2, 3 & 4) shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: [a] if the petitioners ( 2, 3 & 4) fails to surrender before the concerned Magistrate within a period of ten 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 4/8

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 the identity proofs to ensure their identity;

[c] the petitioners ( 2, 3 & 4) shall report before the respondent police daily 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners ( 2, 3 & 4) in accordance with law as if the aforementioned conditions have been imposed and the petitioners ( 2, 3 & 4) 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];

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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 20.11.2025 sma To

1. Judicial Magistrate No.I, Vellore.

2.The Inspector of Police, Ariyoor Police Station, Vellore, Vellore District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 7/8

20.11.2025 8/8