Mugilan v. The Inspector Of Police,

CRL OP NO. 2726 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-02-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 2726 of 2025 Mugilan Son of Purushothaman, 3/256 Kakkan Street Ganapathy Nagar Vandalore Chengalpattu District Petitioner(s) Vs The Inspector of police, PEERKKANKARANAI POLICE STATION, Chengalpattu District (Crime No.477 of 2024) Respondent(s) For Petitioner(s):

Krishnasamy Chinnasamy S. Yogeshwar S. Vithya G. Siranjeevi M.Hemalatha B. Shakila For Respondent(s):

Mr.S.Santhosh, Government Advocate (crl Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 115, 118(1) and 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.477 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as putforth by the learned Additional Government Pleader (Crl.Side) who is appearing for the respondent police opposing for grant of anticipatory bail

to the petitioner is that on 29.10.2024, the defacto complainant was taken by the accused persons on the instigation of the petitioner herein in a two wheeler and attacked them by using wooden logs and the petitioner herein had threatened the defacto complainant with dire consequences over video call. Hence, this case.

3. Learned counsel appearing for the petitioner would submit that the petitioner's name is not found in the FIR and later, he has been implicated for the allegation that the petitioner had attacked the defacto complainant. He further submitted that the petitioner is innocent and has not committed any offence. He would further submit that the petitioner is ready to abide by any condition, that may be imposed by this Court and also to appear and co-operate for the investigation, therefore, he prayed for the grant of anticipatory bail to the petitioner.

4. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR.

5. Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side and considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner 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 on which the order copy made ready, before the learned Judicial Magistrate No.1, Tambaram on condition that the petitioner shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen 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 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 every day 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 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 B.N.S.

07-02-2025 msv To The Inspector of police, PEERKKANKARANAI POLICE STATION, Chengalpattu District