Subramani v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 2375 of 2025 SUBRAMANI S/o. Nadesan, No.21, Kanagaraya Garden, Puliyanthope, Perambur, Chennai Petitioner(s) Vs State Rep By The Inspector of Police, P-2 Otteri Police Station. Chennai . (Cr. No. 530/2024) Respondent(s) For Petitioner(s):
R S Manoj Kumar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 448, 294(b) & 307 of IPC, altered to 148, 302 of IPC in Crime No.530 of 2024, on the file of the respondent police, seeks anticipatory bail.
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2. The case of the prosecution is that the petitioner had an illicit relationship with the deceased; that after sometime the deceased refused to entertain the petitioner; that the petitioner therefore poured petrol on the deceased and set fire to her. Hence, the case.
3. Learned counsel for the petitioner would submit that the allegations are false; that the occurrence did not take place in the manner alleged by the prosecution; that the petitioner also sustained 65% burn injuries in the incident which falsifies the prosecution case, and the defacto complainant's husband, who tried to save also, suffered injuries; and that the petitioner is still taking treatment in hospital and hence prayed for grant anticipatory bail.
4. The learned Government Advocate (Criminal Side), per contra, reiterated the prosecution case and submitted that the petitioner also sustained 65% burn injuries and is still taking treatment in hospital. Page No.2 of 6
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. It is admitted that the petitioner also had suffered 65% burn injuries and is still taking treatment. It is for the prosecution to establish its case in the trial. Considering the facts and circumstances of the case, this Court is of the view that the custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioner on 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 days from the date of receipt of a copy of this order, before the learned X Metropolitan Magistrate, Egmore, Chennai, on condition that each petitioner shall execute a separate 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 Page No.3 of 6
satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions 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 after discharge from the hospital, shall report before the respondent police twice in a week, i.e., on every Saturday at 10.30 a.m., until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner 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 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].
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[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
24.02.2025 drl To
1. The Inspector of Police, P-2 Otteri Police Station. Chennai
2. The Public Prosecutor, Madras High Court, Chennai.
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SUNDER MOHAN, J.
drl 24.02.2025 Page No.6 of 6