Venugopal v. State Rep By, 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.1164 of 2025 Venugopal ... Petitioner Vs.

State rep. by The Inspector of Police, Bagalur Police Station, Krishnagiri District.

... Respondent [Crime No.14 of 2025] PRAYER: Criminal Original Petitions filed under Section 482 of BNSS, 2023, pleased to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.14 of 2025, on the file of the respondent. For Petitioner :

Mr.M.P.Saravanan For Respondent :

Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 115(2) of BNS 2023 r/w

Section 4 of the TNPHW Act, 2002, in Crime No.14 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioner is alleged to have assaulted the defacto complainant and caused injury. 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 opposed for grant of anticipatory bail to the petitioner stating that due to previous enmity, the petitioner, attacked the defacto complainant. He would further submitted that the injured has been discharged from the hospital and the petitioner is not involved in any previous case. 5.Considering the submissions of both sides and also of the fact that the

victim has been discharged from the hospital and there is no previous case against the petitioner, 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 Judicial Magistrate No.I, Hosur 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 a.m. for a period of one month and thereafter, as and when required for interrogation.

[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[c] the petitioner shall not leave India without the previous permission of the Court;

[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 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 abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

17.01.2025 rst/at

To:

1.The Judicial Magistrate No.I, Hosur.

2.The Inspector of Police, Bagalur Police Station, Krishnagiri District.

3.The Public Prosecutor, High Court of Madras.

G.R.SWAMINATHAN, J.

rst/at Crl.O.P. No.1164 of 2025 17.01.2025