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Madras High CourtCRL OP/2374/2025granted

Prakash v. The State, Rep By, Inspector Of Police,

2025-01-31Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDAR MOHAN Crl.O.P.No.2374 of 2025 1.Prakash 2.Chinna @ Vinoth Kumar ... Petitioners / A1 to A2 Vs.

The State Rep. by Inspector of Police, Katpadi Police Station, Vellore District.

(Crime No.456 of 2024) ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of his arrest in Crime No.456 of 2024 on the file of the respondent Police. For Petitioner :

Mr.G.Pandiyan For Respondent :

Mr.S.Santhosh Government Advocate (Crl.Side) 1/6

O R D E R

The petitioners / A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS, 2023 in Crime No.456 of 2024 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 08.12.2024, while playing cricket, there was a wordy quarrel between the petitioners' team and the defacto complainant's team. As a result, the petitioners along with other accused threatened the defacto complainant's team members with dire consequences and abused them in filthy language and also attacked the defacto complainant with cricket stump. Hence, the case.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners are the law abiding citizen and ready to abide by any stringent condition that may be imposed by this Court. 2/6

Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. Side) for the respondent would submit that while playing cricket, there was a wordy quarrel between the petitioners' team and the defacto complainant's team. As a result, the petitioners along with other accused threatened the defacto complainant's team members with dire consequences and abused them in filthy language and also attacked the defacto complainant with cricket stump. He would further submit that there are no previous cases pending as against the petitioners and the injured had been discharged from the hospital.

5. Heard both side learned counsel and perused the materials available on record.

6. Considering the nature of allegation; the fact that the injured had been discharged from the hospital; and since custodial interrogation of the petitioners are not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 3/6

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy was made ready, before the learned Judicial Magistrate, Katpadi, 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 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

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

[d] the petitioners 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 4/6

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 absconds, a fresh FIR can be registered under Section 269 of B.N.S. 31.01.2025 smv To 1.The Judicial Magistrate, Katpadi 2.The Inspector of Police, Katpadi Police Station, Vellore District.

3.The Public Prosecutor, High Court of Madras.

5/6

SUNDER MOHAN, J.

smv Crl.O.P.No.2374 of 2025 31.01.2025 6/6