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CRL OP No.35630 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL

CRL OP No. 35630 of 2025

Thanarajan

S/o.Thangappan,

Door No.5/300, Nallampalli Vattam,

Dharmapuri District.

Petitioner(s)

Vs

State Rep. by

The Inspector of Police

Athiyamankottai Police Station,

Dharmapuri District

Crime No.368/2025

Respondent(s)

Criminal Original Petition filed under Section 438 Cr.P.C. to grant

anticipatory bail to the petitioner in the event of his arrest in Crime No.368 of

2025 pending on the file of the respondent.

For Petitioner(s): Mr.E.Kannadasan

For Respondent(s): Mr.S.Udaya Kumar

Government Advocate (Crl.Side)

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CRL OP No.35630 of 2025

ORDER

The petitioner/accused, who apprehends arrest in the hands of the

respondent police for the offences punishable under Sections 296(b), 115(2),

118(2), 318(4) and 351(3) of B.N.S. in connection with the Crime No.368 of

2025, seeks anticipatory bail.

2. The case of the prosecution is that the de facto complainant is

running an electrical shop near Indian Bank, Nallampalli Village in the first

floor and the petitioner is running water service shop and furniture store in the

ground floor of the same building and they both have acquaintance with each

other; the petitioner used to borrow money from the de facto complainant and

repay the same; in the month of June 2024, the petitioner approached the de

facto complainant and asked him a sum of Rs.4,00,000/- as hand loan for

settling outstanding dues and expansion of his business, but, the de facto

complainant refused by saying that he has no money; after repeated demand

made by the petitioner, the de facto complainant gave a sum of Rs.1,40,000/- as

cash and 5 ½ sovereigns of gold chain to the petitioner for pledging; though the

petitioner promised the de facto complainant that he will repay the amount and

redeem the pledged jewel within two months, he has not done the same; on

07.12.2024 around 3.00 p.m., when the de facto complainant, went to the

petitioner’s shop and asked him to repay the cash and redeem the jewel, the

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CRL OP No.35630 of 2025

petitioner scolded him in filthy language and attacked him using broom stick on

his head and face and made a fist on his chest; the injured de facto complainant

escaped from there and went to the Government Hospital, Dharmapuri, for

taking treatment and hence the case.

3. The learned counsel for the petitioner would contend that the the

petitioner is an innocent of the offences and he has been falsely implicated in

this case. Hence, the petitioner may be released on anticipatory bail.

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

the respondent police would submit that based on the complaint given by the de

facto complainant, the respondent police registered a case in Crime No.368 of

2025 for the offences under Sections 296(b), 115(2), 118(2), 318(4) and 351(3)

of B.N.S. and the case is under investigation. He would further submit that the

injured has been discharged from the hospital and there is no previous case

pending against the petitioner. However, he strongly opposed to grant

anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

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CRL OP No.35630 of 2025

6. Considering the rival submissions on either side, considering the

nature of offences, considering the fact that there are money transactions

between the petitioner and the de facto complainant, also considering the fact

that the injured has been discharged from the hospital and further considering

the fact that there is no previous case pending against this petitioner, I am

inclined to grant anticipatory bail to the petitioner subject to the following

conditions.

7. Accordingly, this criminal original petition is allowed and the

petit