Venkatesan v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.Venkatesan 2.Anjalai ... Petitioners Vs.
The State represented by, The Inspector of Police, Kundrathur Police Station, Kancheepuram District.
(Crime No.24 of 2025).
... Respondent For Petitioners : Mr.B.Gopalakrishnan For Respondent :
Mr.S.Santhosh Government Advocate (Crl.Side)
O R D E R
Apprehending arrest in connection with Crime No. 24 of 2025 registered for the offences punishable under Sections 126(2), 296(b), 115(2), 324(4) and 351(3) of BNS, 2023 r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, the present petition has been filed by the petitioners seeking anticipatory bail.
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2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seek indulgence of this Court. He also submits that the petitioners are in no way connected with the alleged offences, however, due to matrimonial dispute, a false complaint has been given against the petitioners. He further 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 (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the accused, the parents of the first petitioner, on account of a matrimonial dispute, abused and assaulted the defacto complainant. He further submits that there are three accused in this case and the petitioners herein are arrayed as A2 and A3, and A1 was already granted bail. He further submits that no previous case is pending against the 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, this Court is inclined to grant anticipatory bail to 2/5
the petitioners with certain conditions and accordingly, they 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, on condition that the petitioners shall execute a 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 everyday at 10.30 a.m., for a period of two weeks and thereafter on every Saturday 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.
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[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.
30.01.2025 drl To 1.The Inspector of Police, Kundrathur Police Station, Kancheepuram District.
2. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
drl 30.01.2025 5/5