Sai Kumar v. The State Rep By, The Sub-Inspector Of Police,
CRL OP NO. 1897 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. 1897 of 2025 1.Sai Kumar 2.Anbu 3.Santhosh Petitioner(s) Vs The State Rep by, The Sub-Inspector of Police, Pernampet Police Station, Vellore Distict. (Crime No.484/2024) Respondent(s) For Petitioner(s):
T Muruganantham M.Rajkumar M.Praveen V.Vivek For Respondent(s):
S.Santhosh Government Advocate (criminal Side),madras High Court.
ORDER
Apprehending arrest in connection with Crime No.484 of 2024 registered for the offences punishable under Sections 296(b), 115(2), 74, 75(2), 78(2) of BNS, 2023 and Section 4 of TN Prohibition of Harassment of Women Act, 2002, 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 would submit that the petitioners are innocent and have had nothing to do with the allegations made in the complaint. He would submit 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 first accused followed the daughter of the defacto complainant. When the defacto complainant questioned the first accused, he, along with other accused, attacked the defacto complainant and caused injuries to him. He would submit 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 and the injured person has been discharged from the hospital, this Court is of the view that the petitioners may 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 Judicial Magistrate, Gudiyatham, 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
A.D.JAGADISH CHANDIRA, J.
Lpp To
1. The State Rep by, The Sub-Inspector of Police, Pernampet Police Station, Vellore Distict.
(Crime No.484/2024) CRL OP NO. 1897 of 2025 28.01.2025