Vigneshwar v. State Rep By
\IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.01.2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1633 of 2025 1.S.Vigneshwar 2.Santhosh Kumar ....Petitioners/A2 & A3 Vs The State Rep., by The Inspector of Police, B-3, Kadambathur Police Station, Thiruvallur, Tamil Nadu.
(Crime No.14 of 2025) ... Respondent For Petitioners : Mr.R.Vinoth Kumar For Respondent : Mr.S.Santhosh, Government Advocate(Criminal Side)
ORDER
The petitioners/A2 and A3, who apprehend arrest in connection with Crime No.14 of 2025, for the alleged offences punishable under Sections 296(b) and 351(ii) of BNS 2023 and read with Section 4 of the Women Harassment Act, on the file of the respondent Police, seek anticipatory bail.
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2.Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this court. He submits that the petitioners/A1 and A2 are friends and they had attempted to threaten the defacto complainant's husband and attacked him with knife, due to which, he had sustained injuries. He further submits that the petitioners are 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(Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the defacto complainant's husband and the petitioners are friends and while the petitioners were in a drunken mood, they had attacked the defacto complainant's husband with knife, due to which he had sustained injuries and later discharged from the hospital. He would further submit that A2 had no previous case as against him and A3 had one previous case. 4.
of offences involved, this court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, they are ordered to be released on bail in the event of arrest or on their appearance.
5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Thiruvallur, on condition that the petitioners shall execute a bond each for a sum of Rs.15,000/- (Rupees Fifteen 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioners 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;
[b] the petitioners shall stay at Cuddalore for a period of two weeks and report before the old Town Police Station everyday at 10.30a.m., and 3/5
thereafter, as and when required for the purpose of investigation;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 of BNS.
24.01.2025 raa To 1.The Judicial Magistrate No.II, Thiruvallur. 2.The Inspector of Police, B-3, Kadambathur Police Station, Thiruvallur, Tamil Nadu.
3.The Public Prosecutor, High Court, Madras.
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A.D.JAGADISH CHANDIRA, J.
raa 24.01.2025 5/5