A. Hari Prasanna v. State Rep By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.34444 of 2025
1. A.Hari Prasanna
2. A.Hari Prasath
3. A.Punithavalli @ Antony Mery ... Petitioners Vs.
State Rep by The Inspector of Police, Town Police Station, Karaikal District, Puducherry State.
... Respondent (Cr.No.287 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to grant anticipatory bail to the petitioners in the event of their arrest in connection with Cr.No.287 of 2025 on the file of the respondent police.
For Petitioner : Mr.Vinoth Kumar For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioners who apprehend arrest for the alleged offence under Sections 115(2), 118(1), 324(2), 3(5) of BNS, 2023 in Cr.No.287 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/5
2. The allegation against the petitioners is that, due to a parking dispute, the petitioners, along with other accused, attacked the defacto complainant and also caused damage to the rear side of his car, which led to the registration of the FIR. Hence, the present case.
3. The learned counsel appearing for the petitioners submitted that the petitioners have no previous criminal cases and that they are ready and willing to abide by any conditions that may be imposed by this Court. Hence, the learned counsel prayed for the grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that no previous criminal cases have been reported against the petitioners and that the injured has been discharged from the hospital. However, the learned Government Advocate opposed the grant of anticipatory bail.
5. Heard the learned counsel appearing on either side and perused the materials available on record.
6. Considering the facts and circumstances of the case, the absence of any previous criminal antecedents on the part of the petitioners, and the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 2/5
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-I, Karaikal 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:. Accordingly, the petitioners are (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 1 and 2 shall report before the respondent police everyday at 10.30p.m., for a period of three weeks and thereafter, as and when required, for interrogation. The 3rd petitioner being a lady shall report before the respondent police everyday at 10.30p.m., for a period of one week and thereafter, as and when required, for interrogation ;
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(d) The petitioners shall not tamper with evidence or witness either during investigation or trial; (e) The petitioners shall not abscond either during investigation or trial:
(f) 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]; (g)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
16.12.2025 Vv To
1. The Judicial Magistrate-I, Karaikal
2. The Inspector of Police, Town Police Station, Karaikal District, Puducherry State.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
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K.RAJASEKAR , J.
Vv Crl.O.P.No.34444 of 2025 16.12.2025 5/5