Naresh @ Nai v. State Rep.By, The Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.35095 of 2025 Naresh @ Nai ... Petitioner Vs.

State Rep by The Sub-Inspector of Police, Sathuvacheri Police Station, Vellore ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to grant anticipatory bail to the petitioner in Cr.No.283 of 2025 in the event of arrest pending on the file of the respondent police.

For Petitioner : Mr.M.S.Sriram For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3), 109 of BNS 2023 and Section 3(1) of PPDL Act, 1992 in Cr.No.283 of 2025 on the file of the respondent police, seeks anticipatory bail.

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2. The prosecution case is that the petitioner joining hands with other accused involved in entering into the house of the defacto complainant attacked him and damaged property worth about Rs.9,000/- Hence, the present case.

3. The learned counsel for the petitioner submitted that regarding the occurrence, a case in counter was also registered and the counter-case accused was also granted bail by this court in Crl.OP.No.33215 of 2025 dated 04.12.2025. He further submitted that the co-accused were granted bail by this Court vide order dated 12.12.2025 in Crl.OP.No.34111 of 2025 . He further submitted though the petitioner is having cases and he is falsely implicated in this case. Hence, prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the totally 21 accused were involved in this case and this petitioner was arrayed as A9. He further submitted that the injured has been discharged from the hospital and this petitioner is having 12 previous case. Hence, he vehemently opposed the grant of anticipatory bail.

5. Heard both sides and perused the materials available on record. 2/5

6. Though it is stated that 12 previous cases against the petitioner, considering the overt act attributed against the petitioner and attacked the injured with hands and the injured discharged from the hospital, I am 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 his appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate-V, Vellore 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 respondent police daily 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 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]; (e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

19.12.2025 Vv To

1. The Judicial Magistrate-V, Vellore

2. The Sub-Inspector of Police, Sathuvacheri Police Station, Vellore 3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv K.RAJASEKAR , J.

Crl.O.P.No.35095 of 2025 19.12.2025 5/5