D Madhanagopal v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA D.Madhanagopal ... Petitioner Vs.
The State represented by, The Inspector of Police, Teynampet Police Station, Chennai.
(Crime No.34 of 2025).
... Respondent For Petitioner :
Mr.Vijayakumar For Respondent :
Mr.S.Santhosh Government Advocate (Crl.Side)
O R D E R
Apprehending arrest in connection with Crime No. 34 of 2025 registered for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS, the present petition has been filed by the petitioner seeking anticipatory bail.
2. Pleading innocence on the part of the petitioner, false implication in 1/5
the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner, is in no way connected with the alleged offence and that he was falsely implicated in this case due to previous enmity between the enraged neighbours. 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 on 23.01.2025, due to previous enmity, a wordy quarrel arose between the neighbours, due to which, the petitioner along with other accused attacked the defacto complainant with a wooden rod causing grievous injuries on his head and admitted to the hospital. He also submits that the injured was discharged from the hospital after 3 days and it is a case and a case in counter. He further submits that there are three accused in this case and the petitioner is arrayed as A1.
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 2/5
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 the date of receipt of a copy of this order, before the 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 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 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 3/5
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 of B.N.S.
30.01.2025 drl To
1. The Inspector of Police, Teynampet Police Station, Chennai.
2. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
drl 30.01.2025 5/5