Shanker v. State Rep by the Inspector of Police

O R D E R The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1) and 351(3) of BNS, 2023, in Crime No.123 of 2025, on the file of the respondent Police, seek anticipatory bail.

¶2The case of the prosecution is that there was a wordy quarrel between neighbours regarding rash driving of a vehicle rashly which caused damage to the vehicle parked in the nearby complainant's house. Hence, the complaint.

¶3The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police states that two of them were injured and treated as out patient. Hence, he opposed for grant of anticipatory bail to the petitioners.

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

¶6Considering the submissions made by the learned counsel appearing on either sides, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions;

¶7Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on or before 26.08.2025, before the learned District Munsif-cum-Judicial Magistrate, Gummidipoondi, 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 learned Magistrate concerned and on further condition that: [a] if the petitioners fail to surrender before the concerned Magistrate on or before 26.08.2025, this Order shall stand automatically cancelled; [b] 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; [c] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders; [d] 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]; [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

18.08.2025 dna To

1.The District Munsif-cum-Judicial Magistrate, Gummidipoondi.

2.The Inspector of Police, Arambakkam Police Station, Thiruvallur District. (Crime No.123 of 2025)

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

J. dna

18.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.08.2025 CORAM THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.Shanker 2.Ramu 3.Bharath 4.Elizabeth 5.Soniya ... Petitioners Vs. The State rep by, The Inspector of Police, Arambakkam Police Station, Thiruvallur District. (Crime No.123 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in connection with Crime No.123 of 2025 on the file of respondent Police. For Petitioners : Mr.K.Ilayaraja For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side)