Rajkumar v. State Rep by Its

ORDER

The petitioner herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 351(3) and 109 of BNS Act, 2023 in Crime No.165 of 2025, on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that on 19.07.2025 when the defacto complainant and the victims were returning to their house, the petitioner and his friends offered liquor to the defacto complainant and other victims and the defacto complainant and victims are refused the demand of the petitioner and his friends. Hence the petitioner and his friends are attacked the defacto complainant and victims by using the dangerous weapons. Hence the defacto complainant and his friends sustained injuries. The victims were admitted in hospital, and on the same day the defacto complainant was discharged from hospital. Hence this case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

¶4The learned Government Advocate (Criminal Side) appearing for

the respondent police reiterated the prosecution case and submitted that the injured was discharged from hospital. However, he opposed to grant anticipatory bail to the petitioner.

¶5Heard the learned counsels on either side and perused the materials available on record.

¶6Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of ten days (10) from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Chidambaram on condition that each of the petitioners shall execute separate bonds 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety

ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the Tiruvannamalai Town Police Station daily for a period of 30 days and thereafter as and when required for interrogation; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283]; [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

04.09.2025 rna To

1.The Judicial Magistrate No.II, Chidambaram.

2.The Inspector of Police, SHO Chidambaram Police Station, Cuddalore District.

3.The Public Prosecutor, High Court of Madras. Dr.G.JAYACHANDRAN,

J.

rna Crl.O.P.No.24310 of 2025

04.09.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.09.2025 CORAM THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.24310 of 2025 Rajkumar ... Petitioner Vs. The State represented by its The Inspector of Police, SHO Chidambaram Police Station, Cuddalore District. (Crime No.165 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 438 Cr.P.C / 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner / accused on anticipatory bail in Crime No.165 of 2025 dated 20.07.2025 on the file of the respondent, in the event of arrest by the respondent police pending enquiry before the respondent police. For Petitioner : Mr.R.Deepak For Respondent : Mr.S.Udayakumar, Government Advocate (Crl.Side) ***********