Chinnu Alias Deepak v. The State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 2809 of 2025 CHINNU Alias DEEPAK S/o. Baranivel , Kailasagiri, Ambur Taluk, Tirupathur District.

Petitioner(s) Vs The State rep by The Inspector of Police, Omerabad Police Station, Tirupathur District. (Crime No.23/2025) Respondent(s) For Petitioner(s):

T Saravanan A.Sivapandi P.Lavanya For Respondent(s):

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 296(2), 296(b) and 115(2) of BNS, 2023 read with Section 4 of Tamil Nadu Women Harassment Act, in Crime No.23 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, 1/4

petitioner along with other accused abused the defacto complainant in filthy language and also threatened with dire consequences. Hence, the case.

3.The learned counsel for the petitioner submits that the petitioner is an 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.

4.The learned Government Advocate (Crl. Side) would submit that in view of previous enmity, the petitioner herein alleged to have accompanied with other accused harassed the de facto complainant. He further states that the co-accused was granted anticipatory bail by this Court in Crl.O.P.No. 1865 of 2025, on 28.01.2025. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and that 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 to be released on bail in 2/4

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, Ambur, 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 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 Petitioner in accordance with law as if the conditions have been imposed and the Petitioner released on bail by the learned Magistrate/Trial Court SUNDER MOHAN,J.

rpl 3/4

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 BNS.

05.02.2025 rpl To 1.The Inspector of Police, Omerabad Police Station, Tirupathur District. 2.The Public Prosecutor, High Court of Madras, Chennai CRL OP NO. 2809 of 2025 4/4