Kumar v. The State Rep.By the Inspector of Police

ORDER The petitioners / Accused Nos.1, 3, 4 and 5, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 118(1), 324(3) and 351(2) of BNS, 2023 (Corresponding Sections 147, 148, 324, 506 of IPC) in connection with Cr.No.577 of 2025, seek anticipatory bail.

¶2The case of the prosecution is that the petitioners and other accused assaulted the defacto complainant over a pathway dispute and caused injuries and thereby, based on a complaint lodged by the defacto complaint, a case was registered against the petitioners and other accused.

¶3The learned counsel appearing for the petitioner submit that the petitioners have not committed the offence as alleged by the prosecution and there is a pathway dispute between the petitioners and the defacto complainant, who filed a suit in O.S.No.196 of 2025 and due to said dispute, both the parties have attacked each other and there is a counter case filed against the defacto complainant and others. He further submits that the petitioners are ready to abide by any stringent conditions imposed by this Court. Therefore, he prays for grant of anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent submits that due to pathway dispute, both parties have attacked each other and a case and counter case were registered against them and the defacto complainant was discharged from the hospital. Hence, he opposed for the grant of anticipatory bail to the petitioners.

¶5Heard the learned counsel for the petitioner as well the learned Government Advocate (Crl.Side) and perused the materials available on record.

¶6Considering the nature of offence and due to pathway dispute, both parties have attacked each other and at the instance of the petitioners and other accused, a counter case was registered against the defacto complainant and others and the defacto complainant was discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions.

¶7Accordingly, 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 Magistrate No.II, Jayamkondam, on condition that the petitioners shall execute separate 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 petitioners shall report before the respondent on every Saturday at

10.30 a.m. for a period of four weeks. [b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; [c] the petitioners shall not leave India without the previous permission of the Court; [d] the petitioners 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 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

30.12.2025 dn Index:Yes/No Note :

¶1Registry is directed to forthwith upload this order in the official website of this Court.

¶2All concerned shall act on this order being uploaded in the official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. To

¶1The State rep.by The Inspector of Police Andimadam Police Station, Ariyalur District.

2.Judicial Magistrate No.II, Jayamkondam P. DHANABAL.J, dn Crl.O.P.No.35663 of 2025

30.12.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-12-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP No. 35663 of 2025 1. Kumar S/o.Pitchaimuthu, Pudukuppam, Srimushnam,'Kattumannarkoil Taluk, Cudddalore District. 2. Regan @ Lamesh Regan Raj S/o.Antony Joseph, Pudukuppam, Srimushnam, Kattumannarkoil Taluk, Cudddalore District. 3. Abithoma S/o.Antonysamy, Pudukuppam, Srimushnam, Kattumannarkoil Taluk, Cudddalore District. 4.Adikalasamy S/o.Periyanayagasamy, Pudukuppam, Srimushnam, Kattumannarkoil Taluk, Cuddalore District. Petitioner(s) Vs 1. The State rep.by The Inspector of Police Andimadam Police Station, Ariyalur District. Crime No.577 of 2025 Respondent(s) PRAYER To enlarge the petitioners on Anticipatory Bail in the event of their arrest pending investigation in Crime No.577 of 2025 on the file of the respondent. For Petitioner(s): T Muruganantham M.Rajkumar M.Praveeen V.Vivek For Respondent(s): S.Udaya Kumar, GA