Arivazhagan v. State Rep By
CRL OP NO. 1909 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1909 of 2025 1.A.Arivazhagan 2.S.RAmachandran 3.K.Senthilkumar Petitioner(s) Vs State Rep By Inspector Of Police, Udumalpet Police Station, Tirupur District. Cr.No. 8/2025 Respondent(s) For Petitioner(s):
Sasikumar R R.Sasikumar M.D.Ilayaraja V.Manimaran B.Sasikala S.Sathya V.Sangavi For Respondent(s):
S.Santhosh Government Advocate (criminal Side),madras High Court.
ORDER
Apprehending arrest in connection with Crime No.08 of 2025 registered for the offences punishable under Sections 329(4), 296(b), 115(2), 351(2) & 118(2) of BNS, the present petition has been filed seeking anticipatory bail.
2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. Learned counsel for the petitioners would submit that the petitioners are innocent and have had nothing to do with the allegations made in the complaint. This is a case in counter case of Crime No.07 of 2025. He would submit 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 (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the petitioners alleged to have illegally trespassed into the office of the defacto complainant, abused, assaulted and threatened him with dire consequences.
4. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
5. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioners, this Court is of the view that the petitioners may be granted bail. 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Udumalpet, on condition that the petitioners 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 petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [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 absconds, a fresh FIR can be registered under Section 269 of BNS.
28-01-2025 Lpp
A.D.JAGADISH CHANDIRA, J.
Lpp To
1. State Rep By Inspector Of Police, Udumalpet Police Station, Tirupur District.
Cr.No. 8/2025 CRL OP NO. 1909 of 2025 28.01.2025