Bala V v. The Inspector Of Police,

CRL OP NO. 1895 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. 1895 of 2025 Bala V S/o Venkatesan, No.206, 2Nd Street, Bharathi Nagar, Villivakkam-600049 Petitioner(s) Vs The Inspector Of Police, Villivakkam police station, Villivakkam, Chennai Crime No.1/2025 Respondent(s) For Petitioner(s):

Ponbalaji K. Yuvaraja V. Vasanth For Respondent(s):

S.Santhosh Government Advocate (criminal Side),madras High Court.

ORDER

Apprehending arrest in connection with Crime No.1 of 2025 registered for the offences punishable under Sections 287 & 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 altered to Section 191(2) of BNS r/w. Section 3 of Explosive Substances Act, 1908, 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 the petitioner is an innocent and has had nothing to do with the allegations as alleged by the prosecution. He further submits that the petitioner is ready to abide by any stringent conditions 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 due to previous enmity, the petitioner, along with other accused, intentionally poured petrol and set fire to the gate of the defacto complainant. He would submit that there are no previous cases pending against the petitioner.

4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he 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 13th Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (out of which, one of the sureties should be either the father or mother of the petitioner) 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 report before the respondent Police on everyday at 06.30 p.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];

A.D.JAGADISH CHANDIRA,J.

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

28-01-2025 Lpp To

1. The Inspector Of Police, Villivakkam police station, Villivakkam, Chennai Crime No.1/2025 CRL OP NO. 1895 of 2025