Radha v. Sate Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA 1.Radha 2.Kamalamani 3.Raghavanandan Petitioner(s) Vs The State of Tamilnadu, Represented by the Inspector of Police, Sriperumbudur Police Station, Kancheepuram District. (Crime No.41 of 2025) Respondent(s) For Petitioner(s): Mr.K.Muruganandham For Respondent(s): Mr.S.Santhosh, Government Advocate,(Crl.side).

ORDER

Apprehending arrest in connection with Crime No.41 of 2025 registered for the offences punishable under Sections 118(1), 294(b), 191, 115(2), 351(3), 324(4) and 351 of the Bharatiya Nyaya Sanhita, (BNS), 2023, 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 further submits that due to previous enmity, a false case has been Page No.1 of 5

foisted against the petitioners. He also submits 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, submitted that the de-facto complainant and the petitioners are neighbours. While the de-facto complainant's house was being renovated, a wordy quarrel arose between them. The petitioners allegedly assaulted the de-facto complainant, causing a simple injury to his little finger and he was treated as an outpatient. A counter case has also been filed. Further, he submitted that there are no previous cases pending against these petitioners.

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, Sriperumbudur, Page No.2 of 5

Kancheepuram District, 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., for a period of one week and thereafter, every first Saturday at 10:30 A.M., until further orders;

[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 Page No.3 of 5

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, Sriperumbudur Police Station, Kancheepuram District. 2.The Judicial Magistrate, Sriperumbudur, Kanchipuram District. 3.The Public Prosecutor, High Court, Madras.

Page No.4 of 5

A.D. JAGADISH CHANDIRA, J.

klt CRL OP NO.2071 of 2025 29.01.2025 Page No.5 of 5