Praveen Kumar v. The State Rep By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Praveen Kumar ...Petitioner/Sole Accused Vs.

The State Rep. by its The Inspector of Police, E2, Royapettah Police Station, (Crime No.17 of 2025)

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner/sole accused on Anticipatory Bail in connection with Crime No.17/2025 pending investigation on the file of the respondent police.

For Petitioner :

Ms.Sharmila Balakrishnan For Respondent :

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

O R D E R

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The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 118(1) and 351(3) of BNS, 2023 in Crime No.17 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to prior enmity, the petitioner/sole accused had beaten the de-facto complainant, which caused injuries to the de-facto complainant. Hence, the case.

3. The learned counsel for the petitioner would submit that the allegations are false; and that in any case, the custodial interrogation of the petitioner is not required and prayed for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) for the respondent police submitted that the de-facto complainant took treatment and has now been discharged from the hospital.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the nature of the allegations, the fact that the injured has been discharged from the hospital and the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy was made ready, before the learned XVIII Metropolitan Magistrate, Saidapet, Chennai, 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 said Magistrate, on further condition that:

[a] 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, everyday at 10.30 a.m., until further 3/6

orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 petitioner 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.

04.02.2025 dk To 1.The XVIII Metropolitan Magistrate, Saidapet, 4/6

2.The Inspector of Police, E2, Royapettah Police Station, 3.The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN, J.

dk 04.02.2025 6/6