Magimaidoss v. State Rep. By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL 1.Magimaidoss 2.Dhaya @ Dayalan 3.Aravindan @ Aravind 4.Tamilarasan 5.Ramesh @ Ramesh Kumar 6.Kuppan @ Pannerselvam Petitioner(s) Vs State rep. by Inspector of Police Vellore North Law and order police station, Vellore District.
(Crime No.372/2025) Respondent(s) PRAYER The Criminal Original Petition is filed under Section 483 of B.N.S.S., to enlarge the petitioner on bail in the event of his arrest in connection with crime No. 372 of 2025 on the file of the respondent and thus render justice . For Petitioner(s):
G. Nirmal Krishnan For Respondent(s):
Mr. S. Udaya Kumar Govt. Advocate (Crl. Side)
ORDER
The petitioners, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 296 (b), 115(2) 118 (2), 351
(3) of BNS Act and Section 4 of TNPHW Act (Correspondence Sections 294, 323, 326 and 506 of IPC) in connection with the case in Crime No.372 of 2025, seek anticipatory bail.
2. The case of the prosecution is that the petitioners attacked the defacto complainant arising out of a land dispute.
3. Learned counsel for the petitioners would contend that the petitioners are innocent; that they have been falsely implicated in this case and that the petitioners had also lodged a complaint against the defacto complainant, and in order to counter that, the present complaint has been lodged by the defacto complainant; and that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) would submit that the petitioners attacked the defacto complainant arising out of a land dispute and that the injured was discharged from hospital and confirms that, on the complaint given by the petitioners, a case has been registered and is being
investigated as a case and counter by the respondent.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6. Considering the nature of offences that it is a case of case and counter; and that there exist land disputes between the parties; and that the injured was discharged from hospital and since the custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.
7. 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 of receipt of a copy of this order, before the learned Judicial Magistrate IV, Vellore on condition that the petitioners 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:
[a] the petitioners 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 petitioners shall report before the respondent police every Saturday at 10.30 a.m., for a period of four weeks; [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[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.
30-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab
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.
To
1. The Inspector of police Vellore North Law and order police station, Vellore District.
2. The Public Prosecutor, Madras High Court, Chennai.
3. The Judicial Magistrate IV, Vellore.
P.DHANABAL J.
ab 30-12-2025