Judgment · High Court

Crl.OP.No.7733 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 17.03.2025CORAMTHE HONOURABLE MR.JUSTICE SUNDER MOHANCrl.OP.No.7733 of 20251. Suresh2. Vanisri3. Raman... Petitioner(s) /AccusedVs.State by, Inspector of Police, Kalavai Police Station, Ranipet District, ... Respondent(s)/ ComplainantCrime No.52 of 2025 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest by the respondent police in Crime No.52 of 2025 on the file of the respondent police. For petitioner(s): Mr.D.ThirumoorthyFor Respondent(s): Mr.S.Santhosh, Government Advocate (Crl. Side)

O R D E RThe petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNSS Act, 2023 (Sections 294, 324 and 506 of IPC) in Crime No. 52 of 2025, seek Page No.1 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.7733 of 2025anticipatory bail.

The case of the prosecution is that on account of prior enmity, the petitioners along with the other accused attacked the defacto complainant and abused him in filthy language.

The learned counsel appearing for the petitioners submitted that the allegations are false; that no injuries were sustained by the defacto complainant; and that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioners.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that injured have been discharged from the hospital; that the petitioners have no bad antecedents.

Considering the nature of allegations, the fact that the injured have been discharged from the hospital, and since custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Page No.2 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.7733 of 20256. Accordingly, the petitioners are 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 is made ready, before the Judicial Magistrate, Arcot, on condition that the petitioner 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 condition 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 reside at Chennai and shall appear before the respondent police as and when required.[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 Page No.3 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.7733 of 2025learned 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.