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Madras High CourtCRL OP/33526/2025granted

Ilaiyabharathi v. The State Rep By The Inspector Of Police

2025-12-08Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP No. 33526 of 2025

1. Ilaiyabharathi 2.P.Pugazhendhi @ Pugazh 3.P.Dharani Petitioner(s) Vs The State Rep By The Inspector Of Police Tambaram Police Station, Tambaram.

(Cr.No. 527 of 2025) Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioners on Anticipatory bail in the event of their arrest in Crime No.527 of 2025, on the file of the Inspector of Police, Tambaram Police Station, Tambaram. For Petitioner(s):

Ms.R.Hemalatha For Respondent(s):

Ms.J.R.Archana, Government Advocate (Crl.Side)

O R D E R

The petitioners, who apprehend arrest by the respondent police for the offences punishable under Sections 324(2), 115(2), 351(2) of BNS 2023 in Crime

No.527 of 2025 seeks anticipatory bail.

2.The allegation against the petitioners are that the defacto complainant is a practicing Advocate. On 19.11.2025, while the defacto complainant was in his office, the petitioners, went to his office, abused him in a filthy language and assaulted him. Hence, the case.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that the investigation in this case is still pending. Hence, he opposed for grant of anticipatory bail to the petitioners.

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. Considering the submissions made by the learned counsel on both sides and

the custodial interrogation of the petitioners are not required in this case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate I, Tambaram on condition that each of the petitioners 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 petitioners shall report before the respondent police, everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

(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;

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

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

08-12-2025 gbi To 1.The Inspector Of Police Tambaram Police Station, Tambaram.

2. The Judicial Magistrate-I, Tambaram.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 33526 of 2025 08-12-2025