Dulasingam v. The State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.02.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN
1. Dulasingam S/o. Balaraman
2. Poovaragavan S/o. Dulasingam
3. Kumar S/o. Balaraman
4. Munusamy S/o. Govindhan
5. Ravi S/o. Govindhan
6. Adhiranarayanan S/o. Chinnathambi
7. Nagamuthu S/o. Thiruvenkadam ... Petitioners / Accused Vs State rep. by:- The Inspector of Police, Olakkur Police Station, Villupuram District.
... Respondent [Cr. No.164 of 2021] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioners / Accused in Crime No.164 of 2021 on the file of the respondent police. For Petitioners : Mr. Silambu Selvan.S.
For Respondent : Mr. S. Balaji, Government Advocate [Criminal side]
ORDER
1/7
The petitioners / Accused-1 to 7, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323, 147, 148, 506(ii) of IPC read with Section 4 of TNPWH Act 2002 in connection with the case in Crime No.164 of 2021, seek anticipatory bail.
2. The case of the prosecution is that on 23.02.2021 at about 8 a.m., while the defacto complainant was working at her agricultural field, the petitioners attacked her after a wordy quarrel, abused her in filthy language and also assaulted.
3. Learned counsel for the petitioners would contend that the petitioners are innocent; that they were granted anticipatory bail by the Fast Track Mahila Court, Villupuram vide order dated 20.11.2023; that they could not execute the sureties within the stipulated time; that they sought for extension of time to execute the sureties and the same was dismissed; that the earlier anticipatory bail application filed by the petitioners was dismissed as withdrawn; that they had challenged the 2/7
order dated 03.12.2024 dismissing the petition for extension of time by filing a petition in Crl. O.P. No.1116 of 2025 and the same was also dismissed on 21.01.2025; that even thereafter, the petitioners were not arrested by the respondent police; and that now they apprehend arrest and sought for grant of anticipatory bail.
4. The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, would submit that the case is civil in nature; and that the case was registered in the year 2021.
5. 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.
6. Considering the nature of allegations, the fact that till now the petitioners have not been arrested by the respondent police, even though, they did not execute the sureties, the fact that the occurrence is said to have taken place in the year 2021, this Court is of the view that the 3/7
custodial interrogation of the petitioners is not required for the purpose of investigation and hence, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.
7. 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 No.I, Thindivanam on condition that the petitioners shall each 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:
[a] the petitioners 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 petitioners shall report before the respondent police 4/7
everyday at 10.30 a.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 abscond, a fresh FIR can be registered under Section 269 B.N.S.
19.02.2025 mjs To 5/7
1.The Judicial Magistrate No.I, Thindivanam.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Olakkur Police Station, Villupuram District. SUNDER MOHAN. J., mjs 6/7
19.02.2025 7/7