S Elango v. State Rep. By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA S.Elango Petitioner(s) Vs State rep.by Inspector of Police, T1. Ambattur Police Station, Chennai.
(Crime No.1353 of 2024) Respondent(s) For Petitioner(s): Mr.Nirmal Krishnan For Intervenor (s): Mr.M.Manojkumar For Respondent(s): Mr.S.Santhosh, Government Advocate,(Crl.side)
ORDER
Apprehending arrest in connection with Crime No.1353 of 2024 registered for the offences punishable under Sections 447, 294(b) and 506(i) of the Indian Penal Code, 1860 (I.P.C.), 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 civil dispute, a false case has been foisted against the petitioner. He also submits that the petitioner is ready to abide Page No.1 of 5
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 petitioner and the de-facto complainant are neighbours and due to a civil dispute between them, the petitioner allegedly assaulted the de-facto complainant and abused with filthy language and also attacked him with an iron rod, however, no injuries were sustained. Further, he submitted that there are no previous cases pending against the petitioner.
4. Learned counsel appearing for the intervener/de-facto complainant has vehemently opposed for the grant of anticipatory bail to the petitioner.
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, 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 Page No.2 of 5
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 the learned Judicial Magistrate, Ambattur, 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 Cuddalore District and report before the Cuddalore OT Police Station, daily at 10:30 A.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 petitioner in accordance with law as if the conditions have been imposed and the petitioner was released Page No.3 of 5
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 (1/2) klt To 1.State rep.by Inspector of Police, T1. Ambattur Police Station, Chennai.
(Crime No.1353 of 2024) Page No.4 of 5
A.D. JAGADISH CHANDIRA, J.
klt CRL OP NO.622 of 2025 23.01.2025 (1/2) Page No.5 of 5