High Court · 2025

Crl.O.P.No.21776 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.08.2025CORAMTHE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.21776 of 20251.Vimalraj2.G.Manimaran3.D.Venkatesan4.V.Seenivasan.. Petitioners/A1 to A4Vs.1.The State Rep by, The Deputy Superintendent of Police, Chengalpattu & District.2.The Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District. Crime No.489 of 2025.. Respondents / Complainant3.Ramalingam.. Respondent / victim / de facto complainantPRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest by the respondent in Crime No.489 of 2025 on the file of the respondent.Page No.1 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21776 of 2025For Petitioners: Mr.G.Magesh KumarFor R1 & R2: Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)ORDERThe petitioners were apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) of BNS, 2023 r/w Section 3(2)(va), 3(1)(r), 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 in Crime No.489 of 2025, seeks anticipatory bail.2. It is now submitted that the 1st petitioner/A1 has been arrested in this case on 30.07.2025. Therefore, this Criminal Original Petition is dismissed as infructuous, as against the 1st petitioner. In regard to A2 to A4, the case was taken up for consideration.3. The case of the prosecution is that Selvakumar and Rajan, residents near the de facto complainant's house, blocked the stormwater drain passage, causing hindrance during the rainy period. When the de facto complainant, a local security of the Viduthalai Siruthai Katchi, approached Vijayalakshmi, a ward member, about the issue, he was abused and Page No.2 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21776 of 2025assaulted by Vijayalakshmi's son, Vimalraj (A1), and other petitioners (A2 to A4), who are neighbors, and they also used caste-based slurs against him. Due to the injuries, the de facto complainant was admitted to the Government Medical College Hospital, Chengalpet, where the respondent police recorded his complaint and registered the case.4. The contention of the petitioners is that they have been falsely implicated in this case. The de facto complainant, a local security of a political party, voluntarily visited the house of ward member Vijayalakshmi to complain about rainwater stagnation. A heated discussion ensued, during which abusive words were exchanged, which the complainant now alleges as an assault by Vijayalakshmi's son and the petitioners, who are neighbors, and claims they used caste-based slurs. However, it is admitted that the incident did not occur in a public place or public view, causing insult or humiliation. Hence, he prays for anticipatory bail to the petitioners.5. Learned Government Advocate (Crl.Side) for the respondent police submitted that the de facto complainant, a local security of a political party, lodged a complaint, and the case has been registered. The occurrence Page No.3 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21776 of 2025took place at the house of Vijayalakshmi, a ward member, and involved a dispute over the blocking of a stormwater drain by Selvakumar and Rajan, with an exchange of heated words. Upon reviewing the medical records, it appears that the injuries are not corroborated by evidence beyond the complaint itself.6. Heard both sides and perused the materials available on record.7. From the records, it is seen that a notice was served on the de facto complainant, but there is no representation.8. Considering the facts and circumstances of the case, this Court finds that the petitioners had visited the house of Vijayalakshmi, the ward member, where a heated exchange of words and commotion ensued, and the incident did not occur in a public place or public view.9. In view of the above, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.Page No.4 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21776 of 202510. 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 on which the order copy made ready, before the learned Judicial Principal Sessions Court, Chengalpattu 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, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and 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 identify proofs to ensure their identity;[c] the petitioners shall report before the respondent Police as and when required for interrogation; [d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall Page No.5 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21776 of 2025not tamper with evidence or witness either during investigation or trial;[e] the petitioners shall make himself available for interrogation by a Police office as and when required;[f] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;[g] the petitioners shall not abscond either during investigation or trial;[h] 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 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];[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 06.08.2025cdaPage No.6 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21776 of 2025To1.The Judicial Principal Sessions Court, Chengalpattu.2.The Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District.3.The Public Prosecutor, Madras High Court, Chennai.Page No.7 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21776 of 2025 M.NIRMAL KUMAR, J.cdaCrl.O.P.No.21776 of 202506.08.2025Page No.8 of 8