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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P. No.1161 of 2025 Pavalan ... Petitioner Vs.

State rep. by its The Inspector of Police, Chunampet Police Station, Chengalpet District. ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS for granting anticipatory bail to the petitioner. For Petitioner : Mr.K.Sakthi Vel For Respondent : Mr.S.Santhosh Government Advocate [Criminal Side]

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 296[b], 132, 351[3] of BNS read with 25[1][a] of Arms Act, in Crime No.335 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused have formed unlawful assembly with deadly weapons and prepared to commit an offence. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner is involved in two previous cases.

5. Considering the submissions of both sides and considering the fact that custodial interrogation of the petitioner is not warranted in this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days

from the date of receipt of a copy of this order before the learned District Munsif cum Judicial Magistrate, Cheyyur, Chengalpet 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 learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police everyday at 10.30 a.m. until further Orders.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[c] the petitioner shall not abscond either during investigation or trial. [d] 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 released on bail by the learned Magistrate / Trial Court himself as laid down by the Hon'ble Supreme Court in P.K. Shaji v. State of Kerala [(2005) AIR SCW 5560].

[e] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the B.N.S.

17.01.2025 vrc To,

1. The District Munsif cum Judicial Magistrate, Cheyyur, Chengalpet District.

2. The Inspector of Police, Chunampet Police Station, Chengalpet District.

3. The Public Prosecutor, High Court of Madras.

G.R.SWAMINATHAN, J.

vrc Crl.O.P. No.1161 of 2025 17.01.2025