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2025 DAILYLAW 12740 (MAD)

Subbu Subramaniyan v. STATE REP BY, THE INSPECTOR OF POLICE

CRL OP/736/2025 · 2025-01-20

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.Nos.736 and 856 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.01.2025 CORAM THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.Nos.736 and 856 of 2025 Crl.O.P.No.736 of 2025:- 1. Subbu @ Subramaniyan 2. Venkatesan @ Venkatesh 3. Sundhar @ Sundhar Nadarajan ... Petitioners Vs. The State represented by The Inspector of Police, Tittakudi Police Station, Cuddalore. (Crime No.230 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail in the event of their arrest in Crime No.230 of 2024, pending investigation on the file of the respondent police. Crl.O.P.No.856 of 2025:- 1. Raja Rajan 2. Vidhyapathi 3. Vijay ... Petitioners Vs. Page 1 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.736 and 856 of 2025 The State represented by The Inspector of Police, Tittakudi Police Station, Cuddalore, (Crime No.231 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail in the event of their arrest in Crime No.231 of 2024 pending investigation on the file of the respondent police. In both Crl.O.Ps For Petitioners : Mr.K.Kannan For Respondent : Mr.S.Santhosh Government Advocate (Crl.side) COMMON ORDER Apprehending arrest in connection with Crime No.230 of 2024 registered for the offences punishable under Sections 296(b), 126(2), 115(2), 118(1) and 351(3) of BNS, the present petition in Crl.O.P.No.736 of 2025 has been filed seeking anticipatory bail. 2. Apprehending arrest in connection with Crime No.231 of 2024 registered for the offences punishable under Sections 296(b), 115(2), 118(1), 324(4) and 351(2) of BNS, the present petition in Crl.O.P.No.856 of 2025 has been filed seeking anticipatory bail. 3. Pleading innocence on the part of the petitioners, false https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.736 and 856 of 2025 implication in the case, learned counsel for the petitioners seek indulgence of this Court. Learned counsel for the petitioners would submit that the petitioners are innocent persons and a false case has been implicated against the petitioners. He further submitted that the petitioners are ready and willing to abide by any stringent conditions that may be imposed by this Court. He would further submit that there is a compromise between the parties and they are taking steps to file a compromise quash petition before this Court. 4. The case of the prosecution as putforth by the learned Government Advocate (Crl.side) appearing for the respondent Police while opposing for grant of anticipatory bail to the petitioners is that the petitioners threw firecrackers on the defacto complainant's bike. Due to which, there was a quarrel between them and attacked each other. He would further submit that the petitioners have no previous cases pending against them and it is a case of case in counter. 5. 4. The case of the prosecution as putforth by the learned Government Advocate (Crl.side) appearing for the respondent Police while opposing for grant of anticipatory bail to the petitioners is that the petitioners threw firecrackers on the defacto complainant's bike. Due to which, there was a quarrel between them and attacked each other. He would further submit that the petitioners have no previous cases pending against them and it is a case of case in counter. 5. Having heard the learned counsel for the petitioners and the https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.736 and 856 of 2025 learned Government Advocate (Crl.side) for the respondent and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and 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, Tittakudi, Cuddalore District, on condition that the petitioners shall execute a separate 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 Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioners shall report before the respondent Police everyday at 10.30 a.m., for a period of one week and thereafter, as and when required for investigation; [c] the petitioner shall not tamper with evidence or https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.736 and 856 of 2025 witness either during investigation or trial; [d] the petitioner 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 petitioner 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 20.01.2025 mn A.D.JAGADISH CHANDIRA.,J. https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.736 and 856 of 2025 mn To 1. The Inspector of Police, Tittakudi Police Station, Cuddalore, 2. The Public Prosecutor, High Court of Madras. Crl.O.P.Nos.736 and 856 of 2025 20.01.2025 https://www.mhc.tn.gov.in/judis