Tamilselvi v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Tamilselvi ... Petitioner Vs.
State by Tamil Nadu, The Inspector of Police, Sholinghur Police Station, Ranipet District ... Respondent (Crime No.48 of 2025) Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on anticipatory bail on event of arrest in Crime No.48 of 2025 on the file of the respondent police. For petitioner : Mr.G.Somasekar For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 310(4) of BNS Act and Section 25(1) (a) Arms Act, in Crime No.48 of 2025, seeks anticipatory bail. Page No.1 of 7
2. The case of the prosecution is that, on 15.01.2025, while the respondent police were on regular patrol, they found that the petitioner and co-accused were travelling in a Car with knife, preparing to commit dacoity. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case; and that in any case, the custodial interrogation is not required for the purpose of investigation. Hence, he prays for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that ten previous cases of similar in nature are pending against the petitioner. Hence, he opposed for granting anticipatory bail to the petitioner.
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5. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Considering the nature of allegation; and the fact that the coaccused were arrested and released on bail; that the petitioner is bail in all other cases and that custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Sholinghur, 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 Page No.3 of 7
Magistrate, on further condition that:
[a] 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 petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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 Page No.4 of 7
of Kerala reported in [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S 06.02.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No dpa To
1. The Inspector of Police, Sholinghur Police Station, Ranipet District
2. The Public Prosecutor, Madras High Court, Chennai.
3. The Judicial Magistrate, Sholinghur.
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SUNDER MOHAN, J.
dpa Page No.6 of 7
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