Sampath v. The State Rep By, The 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.Sampath 2.Padma Petitioner(s) Vs The State of Tamilnadu, Represented by the Inspector of Police, Arani Taluk Police Station, Thiruvannamalai District. (Crime No.8 of 2025) Respondent(s) For Petitioner(s): Mr.E.Kannadasan For Respondent(s): Mr.S.Santhosh, Government Advocate,(Crl.side).

ORDER

Apprehending arrest in connection with Crime No.8 of 2025 registered for the offences punishable under Sections 296(b), 118(1), 351(3) of BNS, 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 foisted against the petitioners. He also submits that the petitioners are ready Page No.1 of 4

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 petitioners are the accused/A1 & A2, and that a dispute over a public water tap breakage led to a heated argument between the de-facto complainant and the petitioners, who are neighbours. The petitioners allegedly threatened the de-facto complainant. Further, he submitted that there are no previous cases pending against the petitioner.

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 his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Arani, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Page No.2 of 4

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 two weeks and thereafter, every 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 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 Page No.3 of 4

klt A.D. JAGADISH CHANDIRA, J.

klt To 1.The Inspector of Police, Arani Taluk Police Station, Thiruvannamalai District. 2.The Judicial Magistrate, Arani.

3.The Public Prosecutor, High Court, Madras.

CRL OP NO.2062 of 2025 29.01.2025 Page No.4 of 4