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Madras High CourtCRL OP/35422/2025granted

Vijayakumar v. State Rep. By

2025-12-30Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.12.2025 CORAM :

THE HONOURABLE MR.JUSTICE P.DHANABAL 1.Vijayakumar S/o.Venkatachalam 2.Vignesh S/o.Venkatachalam 3.Vinoth Kumar S/o.Venkatesan ... Petitioners Vs.

State represented by The Inspector of Police, Kadaladi Police Station, Tiruvannamalai.

Crime No.273 of 2025

...Respondent

Prayer: Criminal Original Petition filed under Section 482 of BNSS, 2023, praying to enlarge the petitioners on bail in the event of their arrest in Crime No.273 of 2025 pending investigation, on the file of respondent police, on such terms and conditions.

For Petitioners : Mr.M.Manimaran For Respondent : Mr.S.Udaya Kumar Government Advocate [Crl.side] 1/6

ORDER

The petitioners / Accused, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 296(b), 115(1), 118(2), 351(3) of B.N.S. Act, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 of BNS 2023 in connection with the Cr.No.273 of 2025, seek anticipatory bail.

2. The case of the prosecution is that on 16.12.2025, there was a wordy quarrel between the petitioners and the de-facto complainant in a temple festival. Hence, the complaint.

3. The learned counsel appearing for the petitioners submit that the petitioners were assaulted by the de-facto complainant. For the same, the 2nd petitioner also lodged a complaint before the respondent police, but case was not registered. Therefore, he prays for grant of anticipatory bail to the petitioners. He further submits that the injured persons were discharged from the hospital.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the investigation is still pending. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners as well the learned Government Advocate (Crl.Side) and perused the materials available on 2/6

record.

6. Considering the nature of offences and there is no previous case pending against the petitioners, as already the petitioner also lodged a complaint against the de-facto complainant and there is a dispute due to festival, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the District Munsif cum Judicial Magistrate Kalasapakkam, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten 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 on every Saturday for a period of four weeks.

[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;

[c] the petitioners shall not leave India without the previous 3/6

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.

30.12.2025 mk/mp Note:

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

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To

1. The District Munsif cum Judicial Magistrate, Kalasapakkam.

2. The Inspector of Police, Kadaladi Police Station, Tiruvannamalai.

Crime No.273 of 2025 3.The Public Prosecutor, High Court, Madras.

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P.DHANABAL , J mk/mp 30.12.2025 6/6