Vasanth Kumar 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. 1558 of 2025 1.Vasanth Kumar 2.Premraj ....Petitioners/A2 & A3 Vs State Rep., by The Inspector of Police, H-3, Tondiarpet Police Station, Chennai.
(Crime No.73 of 2025) ... Respondent For Petitioners : Mr.Anbu Selvan For Respondent : Mr.S.Santhosh, Government Advocate(Criminal Side)
ORDER
The petitioners/A2 and A3, who apprehend arrest in connection with Crime No.73 of 2025, for the alleged offences punishable under Sections 126(2), 296(b), 115(2) and 351(1) of BNS 2023 and read with 4 of the Tamil Nadu Prohibition of Harassment of Women Act, on the file of the respondent Police, seek anticipatory bail. 1/5
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 there was a quarrel between the family members of the defacto complainant and the petitioners while celebrating Pongal festival and during such time, they had assaulted each other, due to which, both parties sustained injuries and admitted to the hospital and later they have been discharged from the hospital. 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 petitioners and the defacto complainant are neighbours. Due to quarrel between them while celebrating Pongal festival, both parties attacked each other and had sustained injuries and later discharged from the hospital. He would further submit that there is no previous case against the petitioners. 4.Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent 2/5
Police and perused the materials available on record and also the nature of offences involved, this court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, he is ordered to be released on bail in the event of arrest or on his 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 XV Metropolitan Magistrate, George Town, Chennai, 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 report before the respondent police everyday at 10.30a.m., until 3/5
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 269 of BNS.
24.01.2025 raa To 1.The XV Metropolitan Magistrate, George Town, Chennai. 2.The Inspector of Police,H-3, Tondiarpet Police Station, Chennai. 3.The Public Prosecutor, High Court, Madras.
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A.D.JAGADISH CHANDIRA, J.
raa Crl.O.P.No.1558 of 2025 24.01.2025 5/5