Kumaresan v. State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Kumaresan S/O. KAIL, No.3/113, 3rd Ward Baiyaranatham, Pappireddipatti Dharmapuri Petitioner(s) Vs State Represented By Its Inspector Of Police, Kadathur Police Station, Dharmapuri District (crime No. 268 Of 2024) Respondent(s) For Petitioner(s):
Arivazhagan S M. Venkatesh S. Vigneshwaran For Respondent(s): Mr.S.Santhosh Government Advocate (criminalSide)
O R D E R
Apprehending arrest in connection with Crime No.268 of 2024 registered for the offences punishable under Sections 296(b), 115(2), 118(1) & 133 of BNS Act 2023 read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, the present petition has been filed by the petitioner seeking anticipatory bail.
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2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seek indulgence of this Court. He 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 put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police is that, due to previous enmity, the petitioner along with other accused attacked the defacto complainant using hands and also threatened with dire consequences. He also submit that, apart from this case, petitioner has no previous case.
4. Further, 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 their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pappireddipatty, Dharmapuri, on condition that the petitioner shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), 2/5
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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioner and 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 daily at 10.30.a.m., for a period of one week and thereafter as and when required for interrogation. [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 3/5
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 B.N.S.
28.01.2025 Sma To
1. Inspector Of Police, Kadathur Police Station, Dharmapuri District
2. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
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