M.Abisheik v. The State Rep By Its, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP No. 36094 of 2025 M.Abisheik Petitioner(s) Vs The State Rep by its, The Inspector of Police, Kundrathur Police Station, Kancheepuram District, Crime No.384/2025 Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in the event of his arrest by the Respondent Police pending investigation in Crime No. 384 of 2025 on the file of the Respondent Police.
For Petitioner(s):
Mr.Vijayakumar V For Respondent(s):
Mr.S.Udaya Kumar Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS Act, in connection with Crime No.384 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that, there was a previous enmity between the petitioner and the defacto complainant, due to which there was a wordy quarrel
between them, which escalated into violence and sustained injuries. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. Hence, he prays for the grant of anticipatory bail to the petitioner.
4. The learned Government Advocate appearing for the respondent police submitted that the injured was treated and discharged from the hospital. It is also submitted that the co-accused was arrested and released on bail. He further submitted that there are 3 previous cases pending against the petitioner. Hence, he strongly opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsel on either side and perused the materials available on record.
6. Considering the rival submissions made by the learned counsel on either side; nature of offences; injured was discharged form the hospital, the fact that some of the co-accused have been arrested and granted bail and though the petitioner has some previous cases, in all the cases, he has been released on bail and considering all others factors, this Court is inclined to grant anticipatory bail to the petitioner subject to the following 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 days from the date on which the order copy made ready, before the Judicial Magistrate, Sriperumbedur, Kanchipuram District on condition that the petitioner shall execute a 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 petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner 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 petitioner 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)13 SCC 283].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
30-12-2025 Jd/vm Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The Judicial Magistrate, Sriperumbedur, Kanchipuram District.
2. The Inspector of Police, Kundrathur Police Station, Kancheepuram District.
3. The Public Prosecutor, Madras High Court, Chennai.
P.DHANABAL J.
jd/vm CRL OP No. 36094 of 2025 30-12-2025