Vignesh v. State Represented By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.01.2025
CORAM
THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA Vignesh ....
Petitioner Vs The State rep. by The Inspector of Police, Perumanallur Police Station, Tiruppur District Crime No.594 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 bail in the event of his arrest in connection with Crime No. 594 of 2024, on the file of the respondent, Perumanallur Police Station, Tiruppur District.
For Petitioner :
Mr.Rajasekar M For Respondent :
Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
Apprehending arrest in connection with Crime No.594 of 2024 registered for the offence punishable under Section 296(b), 115(2), 118(2) & 351(3) of BNS, 2023, the present petition has been filed seeking anticipatory bail.
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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 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, is that due to parking dispute, a verbal altercation ensured between the petitioner and defacto complainant, as a result, the petitioner attacked the defacto complainant and caused injuries to him. He further submitted that the injured person has been discharged from the hospital. He would also submit that there is no previous cases against him.
4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
5. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the 2/4
petitioner, this Court is of the view that the petitioner may be granted bail. 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 the learned Judicial Magistrate No.IV, Tiruppur, Tiruppur District, 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 10.30 p.m., for a period of three weeks and thereafter, on every Saturday at 10.30 a.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 3/4
A.D.JAGADISH CHANDIRA, J, 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.
20.01.2025 Index : Yes/No Internet : Yes/No Lpp To 1.The Inspector of Police, Perumanallur Police Station, Tiruppur District 2.The Public Prosecutor, High Court, Madras.
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