Suriya v. The State Rep By, The Inspector Of Police,
CRL OP NO. 1036 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1036 of 2025 Suriya S/o Jayavel No.254/3, Mariamman Koil Street, Polivakkam, Thiruvallur District Petitioner(s) Vs The State Rep by, The Inspector of Police, Manaval Nagar Police Station. (Cr.No. 342 of 2024) Respondent(s) For Petitioner(s): Mr. M Aswin, For Respondent(s): Mr.S.Santhosh, Government Advocate (Criminal Side).
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 118(1) and 351(3) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023, in Crime No.342 of 2024, on the file of the respondent police, seeks anticipatory bail.
2. Learned counsel for the petitioner submits that a wordy quarrel ensued during a road rage, which led to the alleged offence. He further submits that there was
no premediation on the part of the petitioner, who has been falsely implicated in this case. The petitioner has no connection to the alleged offence as alleged by the prosecution. Therefore, he prays that anticipatory bail be granted to the petitioner.
3. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed for granting anticipatory bail to the petitioner. He submitted that on 14.09.2024 at about 09.00 A.M., while the de-facto complainant was riding in his two-wheeler, the petitioner allegedly assaulted the de-facto complainant, waylaid him, and caused injuries. He further submitted that the injured person has been discharged. Further, he submitted that the petitioner has four previous cases, including this one, out of which three are theft cases.
4. 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 petitioner with certain conditions and 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 -II, Arokkonam, on condition that the petitioner shall execute separate 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 and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[c] the petitioner shall report before the respondent Police on everyday at 06:30 P.M until further orders;
[d] the petitioner shall not tamper with evidence or witness either during the investigation or during the trial; [e] the petitioner shall not abscond either during the investigation or during the trial;
[f] 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 were 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];
[g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
21-01-2025 klt To
1. The State Rep by, The Inspector of Police, Manaval Nagar Police Station.
(Cr.No. 342 of 2024)
A.D. JAGADISH CHANDIRA, J.
klt CRL OP NO. 1036 of 2025 21-01.2025