Vijay v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.01.2025
CORAM
THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA 1.Vijay 2.Murali 3.Ramadass 4.Ramalingam ....
Petitioners Vs The State rep. by The Inspector of Police, Chithammur Police Station, Chengalpattu District.
Crime No.302 of 2024 ....
Respondent Prayer: Criminal Original Petition is filed under Section 482 of of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on anticipatory bail in the event of arrest in connection with Crime No. 302 of 2024, pending investigation on the file of the respondent police. For Petitioners :
Mr.Prakash M For Respondent :
Mr.Santhosh Government Advocate (Crl.Side)
ORDER
Apprehending arrest in connection with Crime No.302 of 2024 registered for the offences punishable under Sections 296(b), 115(2), 351(2) of 1/4
BNS, 2023, and Section 4 of TNPHW Act, the present petition has been filed seeking anticipatory bail.
2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. He further submits that the petitioners are ready to abide by any stringent condition 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, a verbal altercation arose between the petitioners and the defacto complainant, as a result, the petitioners attacked the defacto complainant and caused injuries to him. He would submit that there is a case in counter case filed against the defacto complainant. He further submits that the injured has been discharged from the hospital. He would also submit that A1 has three previous cases, whereas A2 to A4 have no previous cases against them.
4. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
5. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioners, 2/4
this Court is of the view that the petitioners may be granted bail. 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, Cheyyur, on condition that the each petitioner shall execute a 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 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 daily at 10.30 a.m., for a period of two weeks and thereafter, on every Saturday at 10.30 a.m., until further orders; [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;
[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 3/4
A.D.JAGADISH CHANDIRA, J, 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 Index : Yes/No Internet : Yes/No Lpp To 1.The Inspector of Police, Chithammur Police Station, Chengalpattu District.
2.The Public Prosecutor, High Court, Madras.
20.01.2025 4/4