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Madras High CourtCRL OP/35999/2025granted

Suthakar @ Sudhakar v. The State Rep 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 Suthakar @ Sudhakar Petitioner Vs The State Rep by Inspector of Police, Maruvathur Police Station, Perambalur District.

(Crime No.181 of 2025) Respondent PRAYER : Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on Bail in the event of arrest in the Crime No.181 of 2025 dated 26.11.2025 on the file of the respondent police.

For Petitioner:

Mr.B.Vetrivel For Respondent:

Mr.S.Udaya Kumar Government Advocate (Crl.Side)

ORDER

The petitioner/accused, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 191(2),

296(b), 115(2), 109 and 351(3) of BNS, 2023, in connection with Crime No.181 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 25.11.2025 and 26.11.2025, the accused persons threatened and assaulted the defacto complainant on suspicion that he had informed the Village Administrative Officer regarding the alleged illegal gravel theft. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that there is a case in counter. Hence, he would pray to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and opposed for the grant of anticipatory bail to the petitioner. However, he would submit that the injured has been discharged from the hospital and no previous case is pending against the petitioner.

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

6. Considering the nature of the offences and the fact that the injured has been discharged from the hospital and no previous case is pending against the petitioner and there is a counter case, I am 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 learned Judicial Magistrate No.2, Perambalur 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., until further orders.

[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 abscond, a fresh FIR can be registered under Section 269 B.N.S.2023. 30-12-2025 Index:Yes/No Internet: Yes/No Speaking/Non-speaking order sp 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.The Judicial Magistrate No.2, Perambalur.

2.The Inspector of Police, Maruvathur Police Station, Perambalur District.

3.The Public Prosecutor, High Court of Madras.

P.DHANABAL J.

sp CRL OP No. 35999 of 2025 30-12-2025