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Madras High CourtCRL OP/34546/2025granted

Raman v. State Rep. By Inspector Of Police,

2025-12-17Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Raman

2. Dineshkumar

3. Sarathkumar

4. Jayalakshmi

5. Revathy Petitioner(s) Vs State rep. by Inspector of Police, Melmaruvathur Police Station, (Crime No.336/2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on bail in the event of their arrest in Crime No.336 of 2025 on the file of the Respondent and thus render

For Petitioner(s):

Nagarajan K For Respondent(s):

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

ORDER

The petitioners, who apprehend arrest by the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 353(3) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.336 of 2025 seek anticipatory bail.

2.The allegation against the petitioners is that, due to property dispute between the petitioners and the defacto complainant, on the date of the alleged occurrence, the petitioners abused and assaulted the defacto complainant with a stick and caused injuries to him. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioners.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured was discharged from the hospital and that the petitioners have no previous case against them. She further submitted that the 3rd and 4th petitioners are not an

accused in this case. Hence, he opposed for the grant of anticipatory bail to the petitioner Nos.1,2 & 5.

4. Considering the submissions made by the learned counsel on both sides, the fact that the injured was discharged from the hospital and the petitioners have no previous case pending against them, this Court is inclined to grant anticipatory bail to the first, second and fifth petitioners, subject to certain conditions. As far as the 3rd and 4th petitioners are concerned, these petitioners are not an accused in this case, hence, this Criminal Original Petition is dismissed as far as the 3rd and 4th petitioners.

5. Accordingly, the first, second and fifth 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 No-II, Maduranthagam, on condition that the the first, second and fifth petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only), each 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 first, second and fifth 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 first, second and fifth petitioners petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the first, second and fifth petitioners d 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 first, second and fifth petitioners in accordance with law as if the conditions have been imposed and the first, second and fifth 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.

17-12-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State rep. by Inspector of Police, Melmaruvathur Police Station, (Crime No.336/2025) 2.The Judicial Magistrate No.II, Maduranthagam.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 34546 of 17-12-2025