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Madras High CourtCRL OP/1506/2025granted

Ilang Kumaran v. The State Rep.By The Sub Inspector Of Police

2025-01-24Honourable Mr Justice A.D.Jagadish Chandira3 pages

CRL OP NO. 1506 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1506 of 2025 Ilang Kumaran No.6/86 A, Nagama Nayyakam Palayam, Coimbatore. and another Petitioner(s) Vs The State Rep.By The Sub Inspector Of Police Sulur Police Station, Coimbatore.

Respondent(s) For Petitioner(s):

R.Karthikeyan Swetha For Respondent(s):

S.Santhosh Government Advocate (criminal Side) Madras High Court.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b) 150(2) 351(3) of BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002 in Crime No.655 of 2024, seeks anticipatory bail.

2.Learned counsel appearing for the petitioner would submit that petitioner is innocent and he has 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 petitioner is 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 petitioner.

3. The case of the prosecution as put forth by the learned Government Advocate (Crl. Side) appearing for the respondent police opposed for granting anticipatory bail to the petitioner is that there was a wordy quarrel arouse between the petitioner and the defacto complainant. He also submitted that the there is one previous case as against the petitioner, which is similar in nature.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

5. Taking into consideration the facts of the case, this Court is inclined to grant anticipatory bail to the petitioner subject to the following 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 days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Sulur 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, 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 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 absconds, a fresh FIR can be registered under Section 269 BNS.

24-01-2025 msv To The Sub Inspector Of Police Sulur Police Station, Coimbatore.