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Madras High CourtCRL OP/34724/2025granted

Ponnusamy v. State Represented By The Inspector Of Police

2025-12-18Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.34724 of 2025

1. Ponnusamy

2. Lathamani Ponnusamy ... Petitioners Vs.

The State rep by The Inspector of Police, Sultanpettai Police Station, Coimbatore District.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to grant bail to the petitioners in the event of their arrest in Cr.No.306 of 2025, on the file of Sultanpettai Police Station, Coimbatore District, pending investigation.

For Petitioners : Mr.K.Ganesh Kumar 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) and 351(3) of BNS, 2023 in Crime No.306 of 2025, on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that there was a quarrel between the petitioners and the defacto complainant, due to which, the petitioners have 1/5

abused and assaulted the defacto complainant with knife and caused injuries to him, which led to the registration of an FIR. Hence, the present case.

3. The learned counsel for the petitioners submitted that it is a case and case in counter and the injured has been discharged from the hospital. The first petitioner also sustained injuries in this regard. He is ready to cooperate with the investigation. Hence, he prayed that anticipatory bail be granted to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and reported that the injured has been discharged from the hospital and that there are no previous cases against the petitioners. Hence, he opposed the grant of anticipatory bail to the petitioners.

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

6. Considering the fact that the injured has been discharged from the hospital, that it is a case and case in counter and that there are no previous cases reported against the petitioners , this Court is 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 Judicial Magistrate Court, Sulur 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 three weeks and thereafter, as and when required for interrogation;

(d) 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 3/5

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]; (e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

18.12.2025 Vv To

1. The Judicial Magistrate Court, Sulur.

2. The Inspector of Police, Sultanpettai Police Station, Coimbatore District.

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

4/5

K.RAJASEKAR , J.

Vv Crl.O.P.No.34724 of 2025 18.12.2025 5/5