Tamilarasan v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 2729 of 2025 TAMILARASAN S/o. Subramani, No.58, Gandhimagan Street, Salem District Petitioner(s) Vs State Rep By, Inspector Of Police The Inspector of Police, TIRUPPUR NORTH Police Station. Tiruppur District. (Crime No. 1843 of 2024) Respondent(s) For Petitioner(s): Mr.Camyles Gandhi W For Respondent : Mr.S.Balaji Government Advocate(Crl.Side)

ORDER

The Petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 331(3) & 308(4) of BNS, 2023, in Crime No.1843 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner herein is one of the accused in a case where the cell phone of the defacto complainant was 1/4

snatched. The confession statement of the co-accused, who was arrested, implicated this petitioner in the crime.

3.The learned counsel for the petitioner submits that the petitioner is innocent person and he has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) submits that the property has been recovered from A1 and that the investigation is pending. He further submits that one previous case against this petitioner and he is on bail. 5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6. Considering the nature of the complaint and custodial interrogation of the petitioner is not required for the investigation, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered 2/4

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 Judicial Magistrate-I, Tiruppur, 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 said Magistrate, on further condition that:

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioner shall report before the respondent police daily 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 3/4

SUNDER MOHAN , J.

rpl 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 BNS.

07.02.2025 Index : Yes / No Internet : Yes / No rpl To 1.The Inspector Of Police TIRUPPUR NORTH Police Station. Tiruppur District. 2.The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.2729 of 2025 4/4