Prasath v. The State Rep By Its, 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.34343 of 2025 Prasath ... Petitioner Vs.
The State Rep by its, The Inspector of Police, B-1, Siva Kanchi Police Station, Kanchipuram District.
... Respondent (Cr.No.Not Known of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest by the respondent police pending investigation in Cr.No.Not Known of 2025 on the file of the respondent police. For Petitioner : Mr.Guruprasad For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 324, 115(2), 118(2) of BNS in Cr.No.Not Known of 2025, on the file of the respondent police. seeks anticipatory bail. 1/5
2. The prosecution case is that there was a quarrel between the petitioner and the defacto complainant, due to which, the petitioner had abused and attacked the defacto complainant and caused injuries to him, which led to the registration of an FIR. Hence, the present case.
3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution. He further submitted that the defacto complainant is none other than the brother of the petitioner and the complaint lodged against the petitioner is baseless, frivolous and fabricated. He also submitted that the petitioner is ready and willing to cooperate with the investigation and, therefore, prayed for the grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and the injured discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of allegations and the submissions made by both counsel and the injured discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
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7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate-I, Kanchipuram on condition that the petitioner shall execute a bond 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 petitioner 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 petitioner shall report before the respondent police daily at 10.30a.m., for a period of three weeks and there after as and when required for interrogation;
(d) The petitioner shall not tamper with evidence or witness either during investigation or trial; (e) The petitioner 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.
16.12.2025 Vv To
1. The Judicial Magistrate-I, Kanchipuram
2. The The Inspector of Police, B-1, Siva Kanchi Police Station, Kanchipuram District.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
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K.RAJASEKAR , J.
Vv Crl.O.P.No.34343 of 2025 16.12.2025 5/5