A Ananda Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 385 of 2025 A.Ananda Kumar ... Petitioner Vs.

State Rep., by the Inspector of Police, Sholingur Police Station, Sholingur, Ranipet District.

(Crime No.342 of 2024) ... Respondent For Petitioner : Mr.K.G.Senthil Kumar For Respondent : Mr.S.Santhosh, Government Advocate(Criminal Side)

ORDER

Apprehending arrest in connection with Crime No.342 of 2024 registered for the offences punishable under Section 326(g) of BNS, 2023, the present Criminal Original Petition has been filed by the petitioner 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 submits that due to family dispute, the petitioner's mother-in-law had lodged a false complaint against him that the petitioner had set fire to her residence and caused damage to the household articles. He further 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 (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the petitioner and his wife are living separately and due to the family dispute, the petitioner had set fire to his mother-in-law's house and caused damage to the household articles and thereby, a complaint has been lodged against the petitioner. He would further submit that there is no previous case pending against this Petitioner.

4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police

and perused the materials available on record, this court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he is ordered to be released on bail in the event of arrest or on his appearance.

5. 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 on which the order copy made ready, before the learned Judicial Magistrate, Sholingur, Ranipet District, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;

[b]the petitioner shall report before the respondent police everyday at 10.30a.m., until further orders;

[c] the petitioner shall not tamper with evidence or 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.

09.01.2025 raa

To 1.The Judicial Magistrate, Sholingur, Ranipet District.

2.The Inspector of Police, Sholingur Police Station, Sholingur, Ranipet District.

3.The Public Prosecutor, High Court, Madras.

A.D.JAGADISH CHANDIRA, J.

raa 09.01.2025