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Madras High CourtCRL OP/34754/2025granted

Kanaga v. The State Rep. By The Inspector Of Police,

2025-12-18Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Kanaga

2. Perumal

3. Singaravelu @ Singaravelan Petitioner(s) Vs The State Rep. by the Inspector of police, Thirupattur Taluk Police Station, Thirupattur District. (Crime.No.494/2025) Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS 2023 to enlarge the petitioners on bail in the event of their arrest in Crime.No.494/2025 pending investigation on the file of the respondent.

For Petitioner(s):

Mr.E.Kannadasan For Respondent(s):

Ms.J.R.Archana, GA (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 127(2), 118(1), 115(2) of BNS 2023 ( Under Sections 294(b), 341, 324, 323 of IPC) in connection with the Cr. No.494 of

2025, seeks anticipatory bail.

2. The case of the prosecution is that on 09.12.2025 the defacto complainant, Sanjeev Kumar, aged 23, was waiting near Tirupattur New Bus Stand to meet Savita. At that time, Savita's father (Sampath) approached him, lured him to accompany him, and taken in a auto rickshaw to the Murugan Temple at Kodumampally village and there the petitioners, along with Sampath, abused the defacto complainant in filthy language, tied him with a rope and assaulted him, causing grievous injuries. Hence, the case.

3. Learned counsel for the petitioners submitted that petitioners are innocent persons, and they have been falsely implicated by the respondent police and they are no way connected with the offences as alleged by the prosecution and hence he prayed to grant anticipatory bail to the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and on instructions submitted that the injured has been discharged from hospital and no cases are pending against the petitioners. However, she opposed for grant of anticipatory bail to the petitioners.

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

6. Considering the submissions made by the learned counsel for both sides, the nature of alleged offences, the injured has been discharged from hospital and the fact that no prior criminal cases are pending against the petitioners, and further considering that custodial interrogation of the petitioners are not necessary in a case of this nature, I am inclined to grant anticipatory bail to the petitioners, subject to the following 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 on which the order copy made ready, before the learned Judicial Magistrate-I, Tirupattur 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 learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent police daily at 10.30 am., for a period two weeks and thereafter as and when required for interrogation. [b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[c] the petitioners shall not leave India without the previous permission of the Court;

[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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

18-12-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector of police, Thirupattur Taluk Police Station, Thirupattur District.

2. The Judicial Magistrate No.I, Tirupattur.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

gbi 18-12-2025