Neelakandan @ Selva 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.34207 of 2025 S.Neelakandan @ Selva ... Petitioner Vs.

State Rep by Inspector of Police, Perambalur Police Station, Perambalur District.

... Respondent (Cr.No.466 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 in connection with Cr.No.466 of 2025 on the file of the respondent police.

For Petitioner : Mr.P.Nagaraj For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 109, 115(2), 191(2), 191(3), 296(b) and 351(3) of BNS, 2023 in Cr.No.466 of 2025, on the file of the respondent police. seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner, along with other accused persons and the defacto complainant, had proceeded for mediation talks in connection with a previous incident. At that time, the accused persons allegedly abused the defacto complainant with filthy language, assaulted him, attempted to attack him with a sickle, caused injuries, and also criminally intimidated him. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the defacto complainant was assaulted by other accused persons and that, with a view to detain the petitioner, his name was falsely implicated in the FIR at the instigation of the respondent police. He further submitted that A2 has already been granted anticipatory bail by this Court in Crl.O.P.No.33245 of 2025, vide order dated 04.12.2025. Therefore, he prayed for the grant of anticipatory bail to the petitioner.

4. Per contra, the learned Government Advocate (Crl. Side) appearing for the respondent police submitted that there are totally four accused in this case and that the petitioner is arrayed as A3. She further submitted that there are seven previous cases pending against the petitioner and that, if he is released on bail, he is likely to indulge in similar offences. She also submitted that the injured has since been discharged from the hospital. Hence, she opposed the grant of anticipatory bail to the petitioner. 2/5

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. Considering the nature of the allegations, the fact that one of the coaccused has already been enlarged on bail, and that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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, Perambalur 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; 3/5

(c) The petitioner shall report before the concerned court daily at 10.30 a.m., for a period of four weeks and thereafter, 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:

(f) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 Judicial Magistrate-I, Perambalur

2. The Inspector of Police, Perambalur Police Station, Perambalur District.

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

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K.RAJASEKAR , J.

Vv Crl.O.P.No.34207 of 2025 15.12.2025 5/5