Chinnasamy @ Chinnasamy Gounder v. State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. Chinnasamy @ Chinnasamy Gounder 2.Nachimuthu 3.Vaishnavi Petitioner(s) Vs State rep by Inspector of Police Alangiyam Police Station Tiruppur District (Crime No. 256 of 2025) Respondent(s) PRAYER:This Criminal Original Petition is filed under Section 482 of BNSS to grant Anticipatory Bail to the Petitioners in the event of their arrest in Crime No. 256 of 2025 on the file of the Respondent police. For Petitioner(s):
Mr.N. Ponraj 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), 118(1) and 351(3) of BNS 2023 [294(b), 324 and 506(ii) of IPC ] in Crime No.256 of 2025 seek anticipatory bail.
2. The allegation against the petitioners are that on 04.12.2025, the petitioners assaulted the defacto complainant with sticks and iron rod over a land dispute and also threatened him with dire consequences. Hence, the case.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any such offence as alleged by the prosecution and it is a case and case in counter. 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's case and on instructions, submitted that the injured was treated and discharged from Dharapuram Government Hospital. He further submitted that no cases are pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.
5. Heard the learned counsel for the petitioners as well as the learned Government Advocate (Crl.Side) and perused the materials available on record.
6. Considering the submissions made by the learned counsel on both sides, the injured has been discharged from the hospital and the custodial
interrogation of the petitioners are not required in this case, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
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 of receipt of copy of this order before the learned Judicial Magistrate Dharapuram, on condition that each of the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), 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 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 petitioners shall not tamper with evidence or witness either during investigation or trial;
(d) the 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 petitioners in accordance with law as if the conditions have been imposed and the 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 296 of B.N.S.
16-12-2025 gbi To
1. Inspector of Police Alangiyam Police Station Tiruppur District
2. The Judicial Magistrate, Dharapuram.
3. The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
gbi CRL OP No. 34455 of 16-12-2025