Rathnakumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.01.2025

CORAM

THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN 1.Rathnakumar 2.Sakthi Poornal 3.Sanmugasundari 4.Tamilselvan 5.Baladhandapani 6.Dhandapani @ Maniyara Goundar 7.Subramanian @ Chinnappan @ Sumabranai 8.Natarajan ... Petitioners Vs.

The State represented by, The Inspector of Police, Uthiyur, Police Station Tiruppur District.

(Crime No. 6 of 2025) ... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail in the event of their arrest in the hands of respondent in Crime No. 6 of 2025. For Petitioners :

Mr. M. Arun For Respondent :

Mr. S. Santhosh, 1/6

Government Advocate (Crl.Side)

O R D E R

Heard both sides.

2. The petitioners stand accused in Crime No. 6 of 2025 on the file of the respondent police for the offences under Section 296(b), 421, 118 (1), 115(2), 351 (3) of BNS, r/w Section 4 of TNPHW Act. It is a case and a case in counter. The allegation is that, during the quarrel, the accused abused the defacto complainant in filthy language, assaulted and threatened with dire consequences. The injured have been discharged from hospital.

3. The learned counsel for the petitioners seeks permission of this Court to withdraw this petition in respect of petitioners 4, 6, 7 and 8 and made an endorsement to that effect.

4. In view of the above, this criminal original petition in respect of petitioners 4, 6, 7 and 8 is dismissed as withdrawn and as far as petitioners 1, 2, 3 and 5 are concerned, this Court is inclined to grant anticipatory bail to them 2/6

with certain conditions.

3/6

5. Accordingly, petitioners 1, 2, 3 and 5 are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the Judicial Magistrate, Kangayam, Tiruppur District on condition that petitioners 1, 2, 3 and 5 shall execute separate bond each 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] petitioners 1, 2, 3 and 5 shall report before the respondent police daily at 10.30 A.M. until further orders. [b] petitioners 1, 2, 3 and 5 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 of the Court or to any police officer.

[c] petitioners 1, 2, 3 and 5 shall not leave India without the prior permission of the Court.

[d] petitioners 1, 2, 3 and 5 shall not abscond either during investigation or trial.

[e] petitioners 1, 2, 3 and 5 shall make themselves available for interrogation by a police officer as and when required. 4/6

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against petitioners 1, 2, 3 and 5 in accordance with law as if the conditions have been imposed and petitioners 1, 2, 3 and 5 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 petitioners 1, 2, 3 and 5 thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

17.01.2025 AT 5/6

G.R.SWAMINATHAN, J.

AT 17.01.2025 6/6