Sanjay @ Parattai Sanjay v. State Rep By The 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. 2833 of 2025 Sanjay @ Parattai Sanjay S/o RAJENDIRAN NO 290, TANK STREET, PUTHIYA COLONY, GANGAVARAM, THIRUVANAMALAI TAMILNADU-606901 Petitioner(s) Vs State Rep By The Inspector Of Police V4 Rajamangalam Police Station Chennai District. (crime No 483/2024) Respondent(s) For Petitioner(s):

P.Krishna Moorthy P.Harish Kumar 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 126(2), 296(b), 115(2), 309(4), 311, 351(3) of BNS, 2023, in Crime No.483 of 2024 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that the petitioner along with other accused waylaid the defacto complainant while he was returning home from work and demanded money; that they abused the defacto complainant in filthy language; and that they snatched Rs.200/- from him with knife and caused simple injury.

3.The learned counsel for the petitioners 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.

4.The learned Government Advocate (Crl. Side) submits that the accused 5, 6 & 7 were arrested and released on bail. He further submits that A2 has two previous cases against him and there is no previous case against A4.

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.

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6. Considering the nature of the allegations; that the petitioner was implicated on the confession of the co-accused and since 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 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 Metropolitan Magistrate No.XIII, Egmore, 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. 3/4

SUNDER MOHAN , J.

rpl [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 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 V4 Rajamangalam Police Station Chennai District. 2.The Public Prosecutor, Madras High Court, Chennai.

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