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Madras High CourtCRL OP/482/2025granted

E. Srinivasan v. State Rep.By, The Inspector Of Police,

2025-01-24Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 482 of 2025 E. Srinivasan S/o. late Elumalai, and another Petitioner(s) Vs State Rep.By, The Inspector Of Police, R6, Kumaran Nagar Police Station, Adyar Chennai - 600 020 (Crime No. 474 of 2021) Respondent(s) For Petitioner(s):

S.Vijay Kumar R. Kalaiyarasi For Respondent(s):

S.Santhosh Government Advocate (criminal Side) Madras High Court.

ORDER

Apprehending arrest in connection with Crime No.474 of 2021 registered for the offences punishable under Sections 294(b), 324, and 506(2) of IPC, the present petition has been filed seeking anticipatory bail.

2. Pleading innocence on the part of the petitioner, false implication in

the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that the petitioners are innocent and have had nothing to do with the allegations as alleged by the prosecution. He further submits that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court.

3. The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that due to previous enmity, the petitioners abused using filthy language and assaulted the defacto complainant and caused injuries to her. He would submit that the injured person has been discharged from the hospital and there are no previous cases pending against the petitioners.

4. Having heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, they 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 XXIII Metropolitan Magistrate, Saidapet, Chennai, 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 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 on everyday at 06.30 p.m., for a period of two weeks and thereafter, as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioners shall not abscond either during investigation or trial;

A.D.JAGADISH CHANDIRA,J.

[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 absconds, a fresh FIR can be registered under Section 269 of BNS.

24-01-2025 Lpp To

1. State Rep.By, The Inspector Of Police, R6, Kumaran Nagar Police Station, Adyar Chennai - 600 020 (Crime No. 474 of 2021) CRL OP NO. 482 of 2025