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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Jayaprakash S/0.Shanmugavel, No.3/595, Araichikuppam Main Road, Pathirakottai Village and Post, Panruti Taluk, Cuddalore District.

2. Birunthavathy @ Brindavathy W/o.Shanmugavel, No.3/595, Araichikuppam Main Road, Pathirakottai Village and Post, Panruti Taluk, Cuddalore District Petitioner(s) Vs

1. State, Rep. by The Inspector of Police, Naduveerapattu Police Station, Cuddalore District. (Crime No.317 of 2025) Respondent(s) PRAYER To enlarge the petitioners on bail, in the event of their arrest by the Respondent Police, pending investigation of the case in Crime No. 317 of 2025 on the file of the Respondent and thus render justice.

For Petitioner(s):

Vijayaragavan Marimuthu For Respondent(s):

M/S.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS, 2023 in Crime No. 317 of 2025, seek anticipatory bail.

2. The allegation against the petitioners is that due to quarrel, the petitioners abused and attacked the defacto complainant and caused severe injuries. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. Therefore, he prays for grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.side) appearing for the respondent reiterated the prosecution case and submitted that the 1st petitioner is having one previous case; the 2nd petitioner is not having any previous case and the injured discharged from the hospital. However, she vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above fact and circumstances of the case and also

considering the fact that the victim discharged from the hospital, though the 1st petitioner is having 1 previous case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. 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, Cuddalore, on condition that the petitioners shall execute a separate 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: (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 two 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 released on 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.

19-12-2025 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Judicial Magistrate-I, Cuddalore.

2.State, Rep. by The Inspector of Police, Naduveerapattu Police Station, Cuddalore District. (Crime No.317 of 2025) 3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 34851 of 19-12-2025