Senthilkumar v. State Rep By
CRL OP NO. 1847 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. 1847 of 2025 Senthilkumar S/O. Selvaraj, No.39, Sakthi Vinayagar Koil street Vinayagapuram, Ambattur Chennai Petitioner(s) Vs State Rep By Inspector Of Police, T1, Ambattur Police Station, Chennai.Cr.No. 842 Of 2024.
Respondent(s) For Petitioner(s):
T Saravanan T.Arul For Respondent(s):
S.Santhosh Government Advocate (criminal Side),madras High Court.
ORDER
Apprehending arrest in connection with Crime No.842 of 2024 registered for the offences punishable under Sections 294(b), 323 and 354 of IPC, the present petition has been filed seeking anticipatory bail.
2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that he is a tenant under the defacto complainant. Due to tenancy dispute, a
false complaint has been lodged by the defacto complainant against the petitioner. He further submits that 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 (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that on 22.06.2024 when the defacto complainant's daughter-in-law went to water the plant, the petitioner abused and also pushed her and caused simple injury.
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. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioner, this Court is of the view that the petitioner may be granted bail. 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, Ambattur, 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 fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioner shall stay at Tindivanam and report before the Inspector of Police, Tindivanam Town Police Station, daily at 10.30 a.m., for a period of three weeks and thereafter, report before the respondent Police on every Saturday 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 of BNS.
28-01-2025 Lpp
A.D.JAGADISH CHANDIRA, J.
Lpp To
1. State Rep By Inspector Of Police, T1, Ambattur Police Station, Chennai.Cr.No. 842 Of 2024.
CRL OP NO. 1847 of 2025 28.01.2025