Gurusamy v. State Rep By,
CRL OP NO. 1411 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1411 of 2025 GURUSAMY S/O.Kannusamy, No.25, Kullaipalayam, Kannankoil, Dharapuram, Tiruppur District and another Petitioner(s) Vs State Rep By, The Inspector of Police, DHARAPURAM Police Station. Tiruppur District. (Crime No. 21 of 2025) Respondent(s) For Petitioner(s):
Camyles Gandhi W W.Camyles Gandhi J.Jayan For Respondent(s):
S.Santhosh Government Advocate (criminal Side) Madras High Court.
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 115(1), 118(1) and 351(3) of BNS in Crime No.21 of 2025, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 13.01.2025, the petitioners herein had abused the defacto complainant using filthy language and also assaulted him using a iron rod thereby, the
defacto complainant had sustained injuries. Further, the petitioners also threatened the defacto complainant with dire consequences. Hence, this case.
3. Learned counsel appearing for the petitioners would submit that petitioners are innocent and have not committed any offence, as alleged by the defacto complainant. He would further submit that wordy quarrel arouse between the parties, thereby, they exchanged blows. He would further submit that the petitioners are ready to abide by any condition, that may be imposed by this Court and also to appear and co-operate for the investigation, therefore, he prayed for the grant of anticipatory bail to the petitioners.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for granting anticipatory bail to the petitioners, stating that the petitioners have assaulted the defacto complainant using iron rod, thereby the defacto complainant sustained injuries. He also submitted that the there is no previous case as against the petitioners.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR.
6. Taking note of the facts and circumstances of the case, the submissions made by the learned
counsel on either side and the fact that the petitioners have no previous case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. 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 at Dharapuram on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 report before the respondent police everyday at 06:30 p.m., until further orders.
[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 of B.N.S.
22-01-2025 msv To The Inspector of Police, DHARAPURAM Police Station.
Tiruppur District.