C. Balasubramanian v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.3166 of 2025 C.Balasubramanian .. Petitioner Vs.
The State rep by The Inspector of Police, Karuppur Police Station, Salem City.
(Crime No.21/2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.21 of 2025 on the file of the respondent Police.
For Petitioner : Mr.A.Sriram 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 Section 291, 118(1) of BNS Act, in Page No.1 of 6
Crime No.21 of 2025, seeks anticipatory bail. 2.
The case of the prosecution is that the petitioner is a neighbour of defacto complainant and on 10.01.2025 when the daughter of defacto complainant went to buy coconut from the petitioner's house, the dog of the petitioner had bitten the daughter of the defacto complainant. Hence, the case.
3.
The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner has no previous case. Hence, he prays for grant of anticipatory bail.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner and the defacto complainant are neighbours. However, he opposed for grant of anticipatory bail. Page No.2 of 6
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.
Considering the nature of allegations; and the alleged occurrence took place due to negligence of the petitioner; and that custodial interrogation of the petitioner is not required for investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions: [a] 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 is made ready, before the Judicial Magistrate No.II, Salem, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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:
[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 Page No.3 of 6
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 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 BNS.
07.02.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6
To 1.The Inspector of Police, Karuppur Police Station, Salem City.
2. The Judicial Magistrate No.II, Salem.
3.The Public Prosecutor, Madras High Court, Chennai.
Page No.5 of 6
SUNDER MOHAN , J.
dpa Crl.O.P.No.3166 of 2025 07.02.2025 Page No.6 of 6