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Madras High CourtCRL OP/35351/2025granted

Sathya @ Sakthi v. The State Rep.By, Inspector Of Police,

2025-12-26Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP No.35351 of 2025 Sakthi ... Petitioner Vs The State represented by Inspector of Police, Siva Kanchi Police Station, Kancheepuram District ... Respondent [Crime No.402 of 2025 ] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner in Crime No.402 of 2025 on the file of the respondent police.

For Petitioner : Mr. Rajadurai For Respondent : Mr. R.Vinoth Raja Government Advocate [Criminal side]

O R D E R

The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of B.N.S. Act, 2023 in connection with the Crime No.402 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 assault. hence the case.

3. The learned counsel for the petitioner would contend that the respondent police have registered a false case as against the petitioner for the offence under Section 296(b), 115(2), 118(1) and 351(3) of B.N.S. Act, 2023. He further submitted that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioner.

5. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the injured was treated as out patient and some of the co-accused has been arrested and granted bail. He further submitted that there are 11 previous cases pending against the petitioner. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

6. Heard both sides and perused the materials available on record.

7. Considering the rival submissions on either side; nature of offences; the fact that some of the co-accused has 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 petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.

8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court No.1, Kancheepuram 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 shall report before the respondent police daily at 10.30 a.m. for a period of one month and thereafter as and when required for interrogation.

[b] the petitioner 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 her from disclosing such facts to the Court or to any police officer; [c] the petitioner shall not leave India without the previous permission of

the Court;

[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 petitioner 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.

26.12.2025 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl / smn 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 the official website of this Court will be watermarked and will also have a QR code.

To

1. Judicial Magistrate Court No.1, Kancheepuram 2.The Inspector of Police, Siva Kanchi Police Station, Kancheepuram District 3.The Public Prosecutor, High Court of Madras.

P.DHANABAL J.

smn/mtl 26-12-2025