Jagan v. The Inspector Of Police Pennalurpet Police Station
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN Jagan S/o. Ramadoss, No.2A, Perumal Koil Street, Moovur, Neyveli Post Tiruvallur District 602 023 Petitioner(s) Vs The Inspector of Police, Pennalurpet Police Station, Tiruvallur District In Crime No.314 of Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest in Crime No.314 of 2024 on the file of the Inspector of Police, pennalurpet Police station, Tiruvallur.
For Petitioner(s):
Mr. P D Dillibabu For Respondent(s):
Mr. S. Santhosh, Government Advocate
ORDER
The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(2) of the BNS Act in Crime No. 314 of 2024, on the file of the respondent police, seeks anticipatory bail.
2. This is the second bail application before this Court. The earlier bail application in Crl.O.P.No.331 of 2025 was dismissed on 09.01.2025 by Hon'ble Mr.Justice A.D.Jagadish Chandira and this bail petition is listed before this Court pursuant to the orders passed by the Hon'ble Division Bench of this Court in Crl. O.P. No. 31787 of 2024 on 04.03.2025.
3. The case of the prosecution is that, on account of previous enmity regarding land dispute, the petitioner/A2 along with other accused abused and attacked the defacto complainant with iron rod and stones and thus, committed the aforesaid offence.
4. Learned counsel appearing for the petitioner submitted that the allegations are false. He further submitted that the injured has been discharged from the hospital; and that in any case, custodial interrogation is not required and sought for anticipatory bail for the petitioner.
5. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that injured has been discharged from the hospital. He further submitted that the petitioner has no bad antecedents and it is a case and case in counter.
6. Though the earlier anticipatory bail petition was dismissed, it is now seen that the injured has been discharged from the hospital.
7. Considering the nature of the allegations, the fact that the injured has been discharged from the hospital, the petitioner has no bad antecedents; there is a counter case, the petitioner was not arrested even after the dismissal of the earlier application and since, 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.
8. 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 on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Uthukkottai, on condition that the petitioner shall execute 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 daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation.
[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 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.
17-03-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes
SUNDER MOHAN, J.
AT To 1.The Inspector of Police Pennalurpet Police Station Pennalurpet police station, Tiruvallur District In Crime No.314 of 2024 Crl. O.P. No. 4441 of 2025