Suresh v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.31851 of 2025 Suresh ... Petitioner Vs.

State rep. by The Inspector of Police, Jolarpet Police Station, Thirupathur District.

(Crime No.348 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the Petitioner/Accused on bail in Crime No.348 of 2025 pending on the file of the respondent Police. For Petitioner :

Mr.K.Arumugam For Respondent :

Mr.Udayakumar, Government Advocate (Crl.Side).

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent for the offence punishable under Sections 296(b), 118(1) of BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.348 of 2025, registered on the file of the respondent, seeks anticipatory bail.

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2. The allegation against this petitioner is that during a wordy quarrel, this petitioner attacked the defacto complainant. Due to which, the defacto complainant sustained injuries. Hence, the case.

3. The learned counsel for the petitioner submitted that, petitioner is innocent person and due to previous enmity, false complaint has been given by the defacto complainant. Thus, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the injured has been discharged from the hospital. He further submitted that, apart from this case, petitioner has no previous case. Hence, he strongly opposed the grant of anticipatory bail to the petitioner.

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

6. Considering the submissions made by the learned counsels on either side and the fact that the injured has been discharged from the hospital and also the fact that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:

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7. Accordingly, the petitioners are 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, Thirupattur, 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 learned Magistrate concerned, and on further condition that:

[a] if the petitioner 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 his 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 the identity proofs to ensure their identity;

[c] the petitioner 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;

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K.RAJASEKAR , J.

kmm [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 21.11.2025 kmm To 1.The Inspector of Police, Jolarpet Police Station, Thirupathur District.

2.The Public Prosecutor, High Court of Madras.

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