Rathish Selvam v. State Of Tamil Nadu 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 Rathish Selvam ... Petitioner Vs.

The State represented by, The Inspector of Police, Mettur Police Station, Salem - 636 401.

(Crime No.26 of 2025).

... Respondent For Petitioner :

Mr.AK.Athiban Viajn For Respondent :

Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

Apprehending arrest in connection with Crime No. 26 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 296(b), 118(1) and 351(3) of BNS, 2023, the present petition has been filed by the petitioner seeking anticipatory bail.

2. Pleading innocence on the part of the petitioner, false implication in 1/4

the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the similarly placed co-accused have been granted anticipatory bail by this Court. He further submits that the petitioner is 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 due to Pongal Festival Dance Programme, there arose a wordy quarrel between the petitioner and the defacto complainant. As a result of which, the petitioner attacked the defacto complainant and caused injuries to him. He further submits that the injured has been discharged from the hospital. He also submits that there is no previous cases pending against the petitioner.

4. Having 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, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from 2/4

the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Mettur, on condition that the petitioner shall 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 condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent police everyday at 6.30 p.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 A.D.JAGADISH CHANDIRA.,J.

drl by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala 3/4

[(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

30.01.2025 drl To 1.The Inspector of Police, Mettur Police Station, Salem - 636 401.

2. The Public Prosecutor, High Court of Madras.

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