Kalaiarasan Rajamani v. State Rep By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL Kalaiarasan Rajamani Petitioner(s) Vs State rep by its Inspector of Police Acharapakkam Police Station, Chengalpattu District.
Crime No.286 of 2025.
Respondent(s) PRAYER To enlarge the petitioner on anticipatory bail in the event of arrest by the respondent police in Crime No.286 of 2025 on the file of the respondent police and pass such further or other orders as this Court. For Petitioner(s):
R.Gokulnath For Respondent(s):
Mr.S.Udaya Kumar Government Advocate (Crl. Side)
ORDER
The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 329(4), 296(b), 115 (2), 351 (2) of BNS and Section 4 of TNPHW Act in connection with the case in Crime No.286 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that petitioner attacked the defacto complainant arising out of previous enmity and used filthy language and threatened the defacto complainant to death.
3. Learned counsel for the petitioner would contend that the petitioner is innocent; that he has been falsely implicated in this case and that the petitioner 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 petitioner.
4. The learned Government Advocate (Criminal Side) would submit that the petitioner attacked the defacto complainant due to previous enmity; injured was discharged from the hospital; that, on the complaint given by the petitioner, a counter case has been registered and is being investigated by the respondent, investigation is pending and opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6. Considering the nature of offence and that it is a case of case and counter; and that the injured was discharged from the hospital; and since the
custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on certain 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 of receipt of a copy of this order, before the learned Judicial Magistrate II, Madhuranthagam on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties 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 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 every Saturday at 10.30 a.m., for a period of four weeks; [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 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 absconds, 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.State rep by its Inspector of Police Acharapakkam Police Station, Chengalpattu District. Crime No.286 of 2025.
2. The Public Prosecutor, Madras High Court, Chennai.
3. The Judicial Magistrate II, Madhuranthagam.
P.DHANABAL J.
ab CRL OP No. 35686 of 30-12-2025