Selvakumar Alias Settu v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.33865 of 2025
1. Selvakumar @ Settu
2. Abith Hussain ... Petitioners Vs.
The State rep by The Inspector of Police, Chidambaram Town Police Station, Cuddalore District.
... Respondent (Cr.No.365 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail in the event of their arrest in Crime No.365 of 2025 pending on the file of the respondent. For Petitioners : Mr.C.R.Gokulvisvas For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioners, who apprehend arrest for the alleged offence under Sections 296(b), 133,118(1), 351(3) of BNS in Crime No.365 of 2025, on the file of the respondent police seek anticipatory bail. 1/5
2. The allegation against the petitioners is that the petitioners joining hands with other accused attacked the defacto complainant with spanner and caused severe injuries to the petitioner, which led to the registration of an FIR. Hence, the present case. Hence, the present case.
3. The learned counsel appearing for the petitioners submitted that the alleged injuries were caused only by A1 and A2 and not by the petitioners herein. He further submitted that the injured has already been discharged from the hospital and that the petitioners have been falsely implicated in this case. Hence, he prayed that anticipatory bail be granted to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the arrested accused have already been released on bail and that the petitioners herein are arrayed as A3 and A4. He further reported that the injured has been discharged from the hospital and that there are no previous cases against the petitioners. Hence, he opposed the grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record. 2/5
6. Considering the fact that the injured has been discharged from the hospital and that there are no previous cases reported against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate-II, Chidambaram on condition that each of the petitioners shall execute separate bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that: (a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 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 identify proofs to ensure their identity; (c) The petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of 3/5
three weeks and thereafter, as and when required for interrogation;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
17.12.2025 Vv To
1. The Judicial Magistrate-II, Chidambaram
2. The Inspector of Police, Chidambaram Town Police Station, Cuddalore District.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
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K.RAJASEKAR , J.
Vv Crl.O.P.No.33865 of 2025 17.12.2025 5/5