Nethaji Prabhakaran v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 2683 of 2025

1. Nethaji Prabhakaran

2. Gopi Petitioner(s) Vs The State Rep by, The Inspector of Police, J7, Velachery Police Station, Chennai District. Crime No.2091 of 2016.

Respondent(s) For Petitioner(s): Mr. R.Parthiban For Respondent(s): Public Prosecutor

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b) and 307 of IPC in Crime No.2091 of 2016, on the file of the respondent police, seek anticipatory bail.

1/6

2.

The case of the prosecution as per the defacto complainant is that, the petitioners herein along with other co-accused person abused, assaulted the defacto complainant using knife and threatened him with dire consequences. Hence, this case.

3.

Learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case; that the petitioners had never committed any offence as alleged by the prosecution; and that the petitioners are ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and prayed for anticipatory bail to the petitioners. 4.

Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for the grant of anticipatory bail to the petitioners, stating that the petitioners along with other accused abused and assaulted the defacto complainant using knife; that the final report has also been filed in this case; that the first petitioner/ A1 has seven previous cases and the second petitioner/ A4 has four previous cases. 2/6

5.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record.

6.

Taking note of the facts and circumstances of the case, considering the nature of allegation against the petitioners, submissions made by the learned counsels on either side, the fact that the petitioners were released on bail in all other previous cases registered against them, the final report in this case is also filed and since, custodial interrogation is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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 days from the date on which the order copy made ready, before the learned XIII Metropolitan Magistrate Court, Saidapet on condition that the petitioners 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 satisfaction of the learned Magistrate concerned, failing 3/6

which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners 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 petitioners shall report before the respondent police everyday at 10:30 a.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 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]. 4/6

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 10.02.2025 stn To

1. The State Rep by, The Inspector of Police, J7, Velachery Police Station, Chennai District.

Crime No.2091 of 2016.

SUNDER MOHAN, J.

stn 5/6

Crl.O.P. No.2683 of 2025 10.02.2025 6/6