S.Mohan v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA S.Mohan Petitioner(s) Vs The State Rep by, The Inspector of Police, Ariyoor Police Station, Vellore District.
(Crime No.01 of 2025, dated 05.01.2025).
Respondent(s) For Petitioner(s): Mr. Mohammed Sayeed Allabakeah For Respondent(s): Mr.S.Santhosh,Government Advocate,(Crl.side).
ORDER
Apprehending arrest in connection with Crime No.01 of 2025 registered for the offences punishable under Sections 329(3), 296(b), 351(2) and 324(4) of the Bharatiya Nyaya Sanhita, (BNS), 2023, the present petition has been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Page No.1 of 5
Court. He further submits that due to a civil dispute, a false case has been foisted against the petitioner. He also submits that the petitioner is 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 (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, submitted that the de-facto complainant and the petitioner are neighbours, due to a dispute over joint family property, a wordy quarrel arose between them. In the heated argument, the petitioner allegedly abused the de-facto complainant with filthy language and also physically attacked and caused injuries. Further, he submits that there are no previous cases pending against the petitioner.
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, and also considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his Page No.2 of 5
appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.I, Vellore, 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 said Magistrate, on further condition that:
[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent Police daily at 10:30 A.M., for a period of two weeks and thereafter, every Saturday at 10:30 A.M., until further orders;
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [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 was Page No.3 of 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]; [f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
23-01-2025 klt To The State Rep by, The Inspector of Police, Ariyoor Police Station, Vellore District.
(Crime No.01 of 2025, dated 05.01.2025).
Page No.4 of 5
A.D. JAGADISH CHANDIRA, J.
klt CRL OP NO.1458 of 2025 23.01.2025 Page No.5 of 5