Deepa v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.34182 of 2025

1. Deepa

2. Haripriya ... Petitioners Vs.

The State rep by Inspector of Police, E-3, Teynampet Police Station, Chennai.

... Respondent (Crime No.445 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to grant an order of anticipatory bail in the event of arrest of the petitioner in connection with Cr.No.445 of 2025 pending investigation on the file of the respondent police. For Petitioners : Mr.Sharmila Balakrishnan For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 351(3) of BNS, 2023 in Cr.No.445 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/5

2. The allegation against the petitioners is that they are neighbours of the defacto complainant and, due to previous misunderstandings and disputes, the first petitioner attacked her with an air pump and, in collusion with A2 and A3, abused and assaulted her and also caused severe injuries, which led to the registration of the FIR. Hence, the present case.

3. The learned counsel appearing for the petitioners submitted that the present complaint is nothing but a counter-complaint arising out of the previous disputes already existing between the parties and that no such occurrence took place in the manner narrated in the complaint. He further submitted that the petitioners 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 submitted that the injured has been discharged from the hospital. However, he vehemently opposed the grant of anticipatory bail to the petitioners.

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

6. Considering the facts and circumstances of the case and the fact that the injured has been discharged from the hospital, I am 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 XVIII Metropolitan Magistrate, Chennai 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 two weeks and thereafter, as and when required for interrogation;

(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:

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(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.

15.12.2025 Vv To

1. The XVIII Metropolitan Magistrate, Chennai

2. The Inspector of Police, E-3, Teynampet Police Station, Chennai.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.34182 of 2025 15.12.2025 5/5