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Madras High CourtCRL OP/36166/2025granted

Dinesh v. State By, Inspector Of Police,

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 CRL OP.No.36166 of 2025

1. Dinesh

2. Thirumalai

3. Sakthivel ... Petitioners Vs.

The State represented by its, Inspector of Police, Kalavai Police Station, Ranipet District.

[Crime No. Not Known of 2025] ... Respondent PRAYER: Criminal Original Petition filed under 482 of BNSS Act, 2023 to enlarge the petitioners on bail in Crime No.Not Known of 2025 on the file of the respondent Police.

For Petitioners : Mr.D.Thirumoorthy For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offences under Sections 296(b), 115(2), 327 and 351(3) of B.N.S.Act, 2023 [294(b), 323, 327 and 506(2) of IPC] in Crime No.Not known of 2025, on the file of the respondent police, seeks anticipatory bail. 1/6

2.

The case of the prosecution is that due to the previous enmity between the parties, it is alleged that the petitioners attacked the de facto complainant and eventually, the de facto complainant sustained injuries. Hence, the complaint.

3.

The learned counsel appearing for the petitioners submits that the petitioners had not committed any offence as alleged and the petitioners had been falsely implicated in this case. He further submitted that the petitioners are ready and willing to furnish substantial sureties for their due release and abide by any condition that may be imposed by this Court and therefore, he prayed to grant anticipatory bail to the petitioners. 4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that due to previous enmity that prevailed between the petitioners and the de facto complainant, the petitioners have attacked the de facto complainant and there are no previous cases as against the petitioners and also considering the gravity of offence, he opposed for grant of anticipatory bail to the petitioners. 5.

Considering the representations made by both sides and the 2/6

injured was discharged from hospital and also considering the nature of offences charged against the petitioners and that there are no previous cases as against the petitioners, 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 of receipt of a copy of this order before the District Munsif cum Judicial Magistrate, Arcot on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (each) (Rupees Ten Thousand Only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioners shall report before the respondent police on every Saturday at 10.30 a.m. 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 then from disclosing such facts of the Court or to any police officer. 3/6

[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] the petitioners shall make themselves available for interrogation by a police officer as and when required. [f] 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].

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

30.12.2025 mac/ssn Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

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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 the official website of this Court will be watermarked and will also have a QR code.

To 1.The District Munsif cum Judicial Magistrate, Arcot

2. The Inspector of Police, Kalavai Police Station, Ranipet District.

3.The Public Prosecutor, High Court of Madras. 5/6

P.DHANABAL ,J, mac/ssn CRL.OP.No.36166 of 2025 30.12.2025 6/6