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Madras High CourtCRL OP/317/2025granted

Loganathan v. The State Rep.By, The Inspector Of Police,

2025-01-09Honourable Mr Justice A.D.Jagadish Chandira5 pages

CRL OP NO. 317 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 317 of 2025 1.Loganathan 2.Dinesh 3.Thangaraj 4.Senthil @ Senthilkumar petitioner(s) Vs The Inspector Of Police Konganapuram Police Station, Salem District.

Respondent(s) For petitioner(s):

Ramesh For Respondent(s):

S.Santhosh Government Advocate (criminal Side).

ORDER

Apprehending arrest in connection with Crime No.378 of 2024, registered for the offences punishable under Sections 296(b), 118(1) and 351(3) of B.N.S., 2023, the present petition has been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioners, false implication in this case, learned counsel for the petitioners seeks indulgence of this court. He would submit that they are innocent and no way connected with this case. He would

further submit that they 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 (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that wordy quarrel arosed between the petitioners and the defacto complainant, due to which the accused verbally abused the defacto complainant and assaulted her with a stick, striking her left leg, back of her neck and both wrists and thereby threatened her with dire consequences. He would further submit that the defacto complainant admitted in hospital and discharged after 10 days. He would further submit that it is a case and a case in counter. 4.Having heard the learned counsel for the petitioners, 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 petitioners with certain conditions.

5.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 on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Edappadi, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intend 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 petitioners 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 petitioners shall report before the respondent police on every day 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 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

09-01-2025 ah To 1.The District Munsif cum Judicial Magistrate, Edappadi. 2.The Inspector of Police Konganapuram Police Station Salem District.

3.The Public Prosecutor, High Court, Madras.

A.D.JAGADISH CHANDIRA, J.

ah CRL OP NO.317 of 2025 09.01.2025