Palla @ Chinnathambi v. State Rep.By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA Palla @ Chinnathambi Petitioner(s) Vs State represented by Inspector of Police Cheyyar Police Station Tiruvannamalai Dist.
(Crime No.752 of 2024) Respondent(s) For Petitioner(s): Mr.R. Balakrishnan For Respondent(s): Mr.S.Santhosh, Government Advocate,(Crl.side)
ORDER
Apprehending arrest in connection with Crime No.752 of 2024 registered for the offences punishable under Sections 296(b), 115(2), 118(2) and 351(3) of the Bharatiya Nyaya Sanhita, (BNS), 2023, 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. He further submits that due to previous enimity, a false case has been Page No.1 of 5
foisted against the petitioner. He also submits that the petitioner is 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, submitted that the de-facto complainant and the petitioner are neighbours, and due to previous enimity, the petitioner allegedly attacked the de-facto complainant with and hands and logs and thereby sustained injuries. After three days of treatment, the injured person has been discharged from the hospital. Furthermore, he stated that the petitioner has three previous cases pending against the petitioner, which are not similar in nature.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, and also considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before Page No.2 of 5
the learned Judicial Magistrate, Cheyyar, on condition that the 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 petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall stay at Chennai and report before the Flower Bazaar Police Station on daily at 10:30 A.M., for a period of two weeks and thereafter, the petitioner shall report before the respondent Police daily at 10:30 A.M.,, until further orders;
[c] the petitioner shall not tamper with evidence or witness either during the investigation or during the trial; [d] the petitioner shall not abscond either during the investigation or during the trial;
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate Page No.3 of 5
action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner was 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
23-01-2025 klt To 1.The Judicial Magistrate, Cheyyar.
2.The Inspector of Police Cheyyar Police Station Tiruvannamalai Dist.
(Crime No.752 of 2024) Page No.4 of 5
A.D. JAGADISH CHANDIRA, J.
klt CRL OP NO.407 of 2025 23.01.2025 Page No.5 of 5