Ramesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA 1.Ramesh 2.Naveen @ Naveenkumar 3.Chandru @ Santhuru @ OK Milk 4.Sivakumar Petitioner(s) Vs The State of Tamilnadu, Represented by the Inspector of Police, Namakkal Police Station, Namakkal District.

(Crime No.37 of 2025) Respondent(s) For Petitioner(s): Mr.W.Camyles Gandhi For Respondent(s): Mr.S.Santhosh, Government Advocate,(Crl.side).

ORDER

Apprehending arrest in connection with Crime No.37 of 2025 registered for the offences punishable under Sections 191(2), 324(4), 118(1) and 351(3) of BNS, the present petition has been filed seeking anticipatory bail.

2. The case of the prosecution is that the de-facto complainant and the accused/A3 were neighbours. The petitioner, along with other accused, Page No.1 of 5

waylaid, abused, and assaulted the de-facto complainant with a wooden log and knife while he was returning home on his vehicle, and thereby, the defacto complainant sustained injuries. Hence, this case.

3. Learned counsel for the petitioners submits that the petitioners are innocent persons who have been falsely implicated in this case. He further submits that due to previous enimity, the de-facto complainant attacked the accused/A3. When it was questioned by the petitioners being friends of the accused/A3, a false case has been filed against these petitioners by the defacto complainant. Further, he submits that the accused/A3 has also filed against the de-facto complainant in Crime No.39 of 2025. The petitioners have no connection with the offences as alleged by the prosecution. Further, he submits that there are no previous cases pending against these petitioners. Therefore, he prays that anticipatory bail be granted to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed for granting anticipatory bail to the petitioner. He states that the petitioners, along with other accused, allegedly waylaid, attacked, and assaulted the de-facto complainant with a wooden Page No.2 of 5

log and knife, causing injuries. He further submitted that the injured person has been discharged from the hospital and the investigation is going on. Further, he submitted that as far as these petitioners are concerned, no previous cases pending against them.

4. Having heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, and also considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 - I, Namakkal, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each 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 daily at 06:30 P.M., until further orders; Page No.3 of 5

[c] the petitioners shall not tamper with evidence or witness either during the investigation or during the trial; [d] the petitioners shall not abscond either during the investigation or during the 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 were 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 petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS.

29-01-2025 klt To 1.The Inspector of Police, Namakkal Police Station, Namakkal District.

2.The Judicial Magistrate - I, Namakkal.

3.The Public Prosecutor, High Court, Madras.

Page No.4 of 5

A.D. JAGADISH CHANDIRA, J.

klt CRL OP NO.1977 of 2025 29.01.2025 Page No.5 of 5