Sakthivel v. The State Rep By, The Inspector Of Police,
CRL OP NO. 1862 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. 1862 of 2025 1.Sakthivel 2.Samikannu 3.Lakshmanan Petitioner(s) Vs The State Rep by, The Inspector of Police, Komaralingam Policc Station, Komaralingam, Tiruppur District. Respondent(s) For Petitioner(s):
Durai Arun M.P.Venkatakrishnan K.Mangayarkarasi 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 296(b), 115(2), 353(3) of BNSS, 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. 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 (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the petitioners threatened the defacto complainant with a knife point and attacked him with a stone under the pretext of requesting food and tea from the defacto complainant's bakery. He would submit that A1 has two previous cases, A2 has one previous case and A3 has no previous cases against them. He also submits that the injured person has been discharged from the hospital.
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 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 District Munsif cum Judicial Magistrate, Madathukulam, Tiruppur District, 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 To
1. The State Rep by, The Inspector of Police, Komaralingam Policc Station, Komaralingam, Tiruppur District.
A.D.JAGADISH CHANDIRA, J.
Lpp CRL OP NO. 1862 of 2025 28.01.2025