R Vikram v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1529 of 2025 R.Vikram ... Petitioner/A1 Vs State Rep., by The Inspector of Police, Omerabad Police Station, Thirupathur District.
(Crime No.21 of 2025) ... Respondent For Petitioner : Mr.T.Muruganantham For Respondent : Mr.S.Santhosh, Government Advocate(Criminal Side)
ORDER
The petitioner/A1, who apprehends arrest in connection with Crime No.21 of 2025, for the alleged offences punishable under Sections 296(b), 115(2) and 118(1) of BNS 2023 and read with 407 of Women Harassment Act on the file of the respondent Police, seeks anticipatory bail.
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2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He submits that the petitioner is said to have sent a Pongal Greetings to the defacto complainant's daughter and thereby, the defacto complainant's wife had assaulted the petitioner, due to which, the petitioner and his brother attacked her. He further submits that the defacto complainant has been discharged from the hospital and 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(Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the petitioner and the defacto complainant are neighbours. Due to wordy quarrel between the petitioner/A1 and the defacto complainant, the petitioner had attacked the defacto complainant's wife with knife, due to which, she had sustained injuries and there is no previous case against the petitioner. 4.Having heard the learned counsel for the petitioner 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 petitioner 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 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 on which the order copy made ready, before the learned Judicial Magistrate, Ambur, on condition that the petitioner shall execute a bond 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 petitioner and the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent police everyday at 10.30a.m., until 3/5
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 is 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 of BNS.
24.01.2025 raa To 1.The Judicial Magistrate, Ambur.
2.The Inspector of Police, Omerabad Police Station, Thirupathur District. 3.The Public Prosecutor, High Court, Madras.
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A.D.JAGADISH CHANDIRA, J.
raa Crl.O.P.No.1529 of 2025 24.01.2025 5/5