Madras High Court · 2025

Crl.O.P.Nos.16366, 16788, 17321,17411 & 16876 of 2025Crl.O.P.No.16788 of 2025S.Sairam ... PetitionerVsState rep. by The Inspector of Police,T-5 Vanagaram Police Station,Chennai.Crime No.74 of 2025. ... RespondentPRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in the event of his arrest in Crime No.74 of 2025 pending on the file of the respondent.For Petitioner : Mr.K.Prabakar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side)Crl.O.P.No.17321 of 20251.Abikosher2.S.Keerthi Dev ... PetitionersVsThe State rep. by The Inspector of Police,T-5 Vanagaram Police Station,Chennai, Tamil Nadu.Crime No.74 of 2025. ... RespondentPage No.2 of 16 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.16366, 16788, 17321,17411 & 16876 of 2025PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on anticipatory bail in the event of arrest made by the respondent police in Crime No.74 of 2025 pending on the file of the respondent police.For Petitioners : Mr.R.C.Paul KanagarajMr.J.Jaya BharathFor Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side)Crl.O.P.No.17411 of 2025Abibharathi ... PetitionerVsThe State rep. by The Inspector of Police,Vanagaram Police Station,Tiruvallur District.Crime No.74 of 2025. ... RespondentPRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail to the petitioner in the event of his arrest or on his appearance before any Court in connection with the case in Crime No.74 of 2025 pending investigation on the file of the respondent police.For Petitioner : Mr.C.HarishFor Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side)Page No.3 of 16 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.16366, 16788, 17321,17411 & 16876 of 2025Crl.O.P.No.16876 of 2025Sornavel @ Manoj ... PetitionerVsThe State rep. by The Inspector of Police,Nolambur Police Station,Crime No.94 of 2025. ... RespondentPRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in the event of his arrest in Crime No.94 of 2025 pending before the respondent police.For Petitioner : Mr.S.N.SubramaniFor Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side)COMMON ORDERThe petitioners in Crl.O.P.Nos.16366, 16788, 17321 and 17411 of 2025, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 189(2), 115(2), 118(1), 140(3) and 351(3) of BNS in Crime No.74 of 2025, on the file of the Vanagaram Police Station, seek anticipatory bail.Page No.4 of 16 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.16366, 16788, 17321,17411 & 16876 of 20252.The petitioner in Crl.O.P.No.16876 of 2025, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 296(b), 115(2), 118(1), 191(2), 140(3) and 351(3) of BNS in Crime No.94 of 2025, on the file of the Nolambur Police Station, seeks anticipatory bail.3.The crux of the complaint in both the cases are similar except for some variations and all the petitioners are in their teens studying College having dispute in consumption and pedalling of ganja. Therefore, to avoid contrary view and the cases to be handled and investigated by one Investigating Officer, a common order is passed.4.The gist of the case in Crime No.94 of 2025 is that on 28.05.2025 when the defacto complainant Akash was taking treatment in Sridevi Hospital, Anna Nagar, information was sent to the Nolambur Police Station, who had gone there, recorded the statement and received the complaint. On 27.05.2025, the defacto complainant/Akash, a 3rd year Computer Science student in SRM, Ramapuram was called by his friend William Harison for a Page No.5 of 16 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.16366, 16788, 17321,17411 & 16876 of 2025tea and he took him in his Activa bike to Detox Tea shop. At that time, Abishek/A1 and Rishi/A3, who are known to them came there and they took the defacto complainant/Akash and William Harison to Buhari Hotel. In the Hotel, Manoj/A2 was present. Thereafter, at about 1.30 p.m., Abishek/A1, Manoj/A2 and Rishi/A3 took the defacto complainant to Mogappair Water Tank, taken away the mobile from Akash, Manoj and Rishi questioned the defacto complainant/Akash as to how he can pedal ganja and assaulted him with wooden logs and hands and the defacto complainant sustained injuries. Thereafter, the defacto complainant forcibly taken in a Bullet bike by Rishi and Manoj followed by Abishek and William Harison to SPP Garden, Maduravoyal where Sabari/A4 was present. Again, questioned defacto complainant about pedalling of ganja and enquired the source and forcibly took him to Thiruverkadu to the house of Abibharathi, called him down and thereafter took both to a room in Thiruverkadu where the defacto complainant and Abibharathi were assaulted by Rishi, Manoj, Abishek and Sabari. In the meanwhile, the defacto complainant/Akash shared his location to his friends Raju and Yuvan. Later, Abibharathi was let off go in Thiruverkadu and Rishi, Abishek and Harison left the place. Thereafter, a Page No.6 of 16 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.16366, 16788, 17321,17411 & 16876 of 2025taxi was booked by Manoj and Sabari and they dropped the defacto complainant under the Maduravoyal Bridge, at that time, the defacto complainant’s friends came there, took him to Sridevi Hospital for treatment. From there, information sent to Nolambur Police.5.The gist of the case in Crime No.74 of 2025 is that on 27.05.2025 at about 3.00 p.m. one Abishek called defacto complainant Sornavel @ Manoj, a Second year Radiology student in Sundaram Medical Foundation, to Buhari Hotel where Akash and Rishi was there. Opposite to the Hotel, Rishi and Abishek questioned Akash about pedalling of ganja and thereafter he was taken in a bike to SPP Garde where Abishek and Rishi beaten Akash and enquired him about any person known to him with affluent background, Akash informed about Abibharathi. Thereafter, Abibharathi was called and taken to a room in Thiruverkadu where Abishek and Rishi beaten Akash and Abibharathi. Later, Abibharathi was allowed to go and Sornavel @ Manoj and Rishi booked a taxi, took Akash dropped him near Maduravoyal Bridge. On 28.05.2025 at about 1.00 a.m. when Akash was dropped near Maduravoyal Bridge, Akash friends came there in two Cars, chased and Page No.7 of 16 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.16366, 16788, 17321,17411 & 16876 of 2025assaulted Sornavel using wooden logs and hands, thereafter he was taken to Thiruverkadu, threatened and he was dropped there. The defacto complainant Sornavel went to his friend’s house in Koyambedu and thereafter went home. On seeing him in pain, the defacto complainant’s parents took him to KMC Hospital and from there, information sent to Nolambur Police Station and case registered.6.The contention of the learned counsel for the petitioner/Sornavel in Crl.O.P.No.16876 of 2025 is that the petitioner is a 2nd year student studying B.Sc Radiology in Sundaram Medical Foundation Hospital at Anna Nagar. It is the defacto complainant and four others kidnapped the petitioner, attacked him brutally with deadly weapons, caused head injury and he is now continuously taking treatment in KMC Hospital. On the petitioner’s complaint, case registered in Crime No.74 of 2025 by the Vanagaram Police, as a counter blast, the present complaint lodged against the petitioner. He would submit that the petitioner, a College student studying 2nd year Radiology in Sundaram Medical Foundation Hospital having no bad antecedents is willing to co-operate with the investigation. Hence, prayed Page No.8 of 16 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.16366, 16788, 17321,17411 & 16876 of 2025for anticipatory bail.7.The contention of the learned counsel for the petitioners in Crl.O.P.Nos.16366, 16788, 17321 and 17411 of 2025 is that Saravanan/petitioner in Crl.O.P.No.16366 of 2055 is studying Law in Saveetha School of Law, S.Sairam/petitioner in Crl.O.P.No.16786 of 2025 is studying final year LLB course in Saveetha School of Law, Abikosher/first petitioner in Crl.O.P.No.17321 of 2025 is studying Law in Saveetha School of Law and S.Keerthi Dev/second petitioner in Crl.O.P.No.17321 of 2025 is studying Law in Bharath Institute of Law and Abibharathi/petitioner in Crl.O.P.No.17411 of 2025 is also a College student. The case against the petitioners is that the defacto complainant Sornavel lodged a false complaint as a counter blast in defensive to the assault committed by him along with his friends on Akash, who was kidnapped, taken to isolated placed, beaten black and blue, confined in a room continued the assault. The defacto complainant Sornavel is pedalling ganja to the College students and making profit out of it. The petitioners resisted this act of Sornavel, hence defacto complainant targeted and attacked the petitioners and projected a false case, Page No.9 of 16 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.16366, 16788, 17321,17411 & 16876 of 2025the complaint in Crime No.74 of 2025 is a well drafted one not by a student but with an experienced legal mind. This complaint is counter to the case in Crime No.94 of 2025, registered and investigated by Nolambur Police. Hence, prayed for anticipatory bail.8.The learned Government Advocate (Crl. Side) submitted that in this case, a group rivalry between students with regard to usage and pedalling of ganja which lead to threat, kidnapping and assault, both groups gave different version for the same incident in two different Police Stations with exaggerations. The group lead by Sornavel and another group by Abishek, both trading charges against each other in usage and pedalling of ganja which needs a deeper probe. At the time of registration of case, no ganja could be seized but kidnapping and assault confirmed, both took treatment in the Hospital. He would submit two cases against the petitioner/Sornavel alias Manoj in Crime No.382 of 2024 u/s.8(c), 20(b),(ii)(A) of NDPS Act and Sections 132, 351(2) of BNS and Crime No.180 of 2024 u/s.147, 148, 294(b), 341, 324, 336, 307, 506(ii) IPC and Section 3 of TNPPDL Act pending on the file of V7 Nolambur Police Station. He would further submit Page No.10 of 16 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.16366, 16788, 17321,17411 & 16876 of 2025that the all the petitioners are students and they are in the teens. He further submitted that both the cases can be investigated by same Investigating Officer of a Senior rank, so that the offenders can be punished and the students can be properly advised and counselled, if required, rehabilitation measures can be taken involving their parents and elders so that the petitioners, who have treaded towards drugs and moved away from the society can be brought back and can lead an ethical life and to concentrate in their studies alone. 9.Considering the submissions made and on perusal of the materials, it is seen that there is a fight between two groups with regard to pedalling of ganja. It is also seen students have been tasting ganja. Admittedly all the petitioners are students studying Law in Saveetha School of Law and Bharath Institute of Law, Computer Science Engineering in SRM, Ramapuram and Radiology course in Sundaram Medical Foundation Hospital. It is seen that Crime No.74 of 2025 registered and investigated by Vanagaram Police, likewise Crime No.94 of 2025 registered and investigated by Nolambur Police, both Stations come under Koyambedu and Page No.11 of 16 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.16366, 16788, 17321,17411 & 16876 of 2025Anna Nagar Police District. Hence, the Commissioner of Police, Greater Chennai to issue appropriate orders immediately transferring investigation to a Senior Officer, namely, Assistant Commissioner of Police, Tirumangalam, Chennai and it would be proper both cases, investigation by the same Officer who shall investigate the case and ensure proper counselling, rehabilitation including taking assistance of Psychiatrist, ensure students are brought back to concentrate in their studies and not to get involved in Narcotics, which is a menace to the Society and to the future generation. In view of the above, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.10.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, Ambattur on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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 said Page No.12 of 16 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.16366, 16788, 17321,17411 & 16876 of 2025Magistrate, on further condition that:[a] if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b]The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identify proofs to ensure their identity;[c] the Commissioner of Police to transfer both cases in Crime No.74 and 2025 and Crime No.94 of 2025 to the Assistant Commissioner of Police, Tirumangalam, who shall conduct investigation in both cases accordingly;[d] the petitioners shall appear before the Assistant Commissioner of Police, Tirumangalam on every Saturday and Sunday at 10.30 a.m. until further orders;[e] if required, the petitioners shall also be sent to Government Institute of Mental Health, Kilpauk, Chennai to understand and to know the menace of drug addiction;[f] the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;[g] the petitioners shall make themselves available for interrogation by a Police officer as and when required;[h] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the Page No.13 of 16 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.16366, 16788, 17321,17411 & 16876 of 2025first fifteen days, they shall comply to the directions as may be given by the Court in this regard;[i] the petitioners shall not abscond either during investigation or trial;[j] 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];[k] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.18.07.2025csePage No.14 of 16 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.16366, 16788, 17321,17411 & 16876 of 2025To1.The Judicial Magistrate, Ambattur.2.The Judicial Magistrate No.II, Poonamallee.3.The Commissioner of Police, Greater Chennai.4.The Assistant Commissioner of Police, Tirumangalam, Chennai.5.The Inspector of Police, Vanagaram Police Station, Chennai District.6.The Inspector of Police, Nolambur Police Station, Tiruvallur District.7.The Public Prosecutor, Madras High Court.Page No.15 of 16 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.16366, 16788, 17321,17411 & 16876 of 2025M.NIRMAL KUMAR, J.csePre-delivery order made inCrl.O.P.Nos.16366, 16788, 16876,17321 & 17411 of 2025 18.07.2025Page No.16 of 16