P Ravi Ponnupillai v. State Rep.By Its, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.01.2025

CORAM

THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA P. Ravi Ponnupillai ... Petitioner Vs The State rep by The Inspector of Police, H-5, New Washermenpet Police Station, Chennai.

Crime No.1422 of 2024.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on anticipatory bail in the event of his arrest pending investigation in Crime No.1422 of 2024 on the file of the respondent police. For Petitioner : Mr.D.Thirugnanam For Respondent : Mr.Santhosh Government Advocate (Crl.Side)

ORDER

Apprehending arrest in connection with Crime No.1422 of 2024 registered for the offences punishable under Sections 296(b), 115(2) of BNS and Section 4 of TNPHW Act, the present petition has been filed by the petitioner seeking anticipatory bail.

2.

The case of the prosecution is that there was a dispute between the

MTC bus driver and the bike rider. The petitioner kicked and assaulted the defacto complainant Hence, the case.

3.

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 defacto complainant had intercepted the bus beyond the bus stand and the same was questioned, hence there was a quarrel and false complaint has been given against the petitioner. He further submitted that the defacto complainant is the person who had abused the petitioner and a complaint had been given by the petitioner and the same has been registered against the defacto complainant in Crime No.1421 of 2024. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

4.

The case of the prosecution as put forth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the petitioner who is the driver of the MTC bus used abusive language, kicked and assaulted the defacto complainant.

5. 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, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and 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 XV Metropolitan Magistrate, George Town, Chennai, 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 fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioner shall report before the respondent Police daily at 6.30 p.m for a period of two weeks and thereafter as and when required for interrogation;

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

09.01.2025 dpq To

1. The Inspector of Police, H-5, New Washermenpet Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

A.D.JAGADISH CHANDIRA, J, dpq 09.01.2025