Prakash v. The 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.3155 of 2025 1.Prakash 2.Sona .. Petitioners Vs.
The State rep by The Inspector of Police, Ramanatham Police Station, Cuddalore District.
(Crime No.21/2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.21 of 2025 on the file of the respondent Police.
For Petitioner : Mr.M.Kalaiyarasan For Respondent : Mr.S.Balaji Government Advocate(Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 109, 296(b), 115(2), 118(1) Page No.1 of 6
and 351(2) of BNS Act in Crime No.21 of 2025, seeks anticipatory bail. 2.
The case of the prosecution is that on 23.01.2025, there was a wordy quarrel between the petitioners and the defacto complainant; and that the petitioners attacked and threatened the defacto complainant, and caused injuries. Hence, the case.
3.
The learned counsel for the petitioners would submit that the petitioners also lodged a complaint against the defacto complainant and the same was also registered and in order to counter that, the present complaint has been lodged by the defacto complainant and that in any case custodial interrogation of the petitioners are not required for the purpose of investigation.
4.
The learned Government Advocate (Crl. Side) for the respondent confirms that on the complaint given by the petitioners, a case has been registered and the case is investigated as case and counter by the respondent and that the defacto complainant sustained minor injuries. 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 that it is a case of case and counter; and that the injured has been discharged from the hospital and the custodial interrogation of the petitioners are not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners on the 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 is made ready, before the Judicial Magistrate, Thittakudi, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 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 Page No.3 of 6
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 daily 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];
[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, Ramanatham Police Station, Cuddalore District.
2.The Judicial Magistrate, Thittakudi.
3.The Public Prosecutor, Madras High Court, Chennai.
Page No.5 of 6
SUNDER MOHAN , J.
dpa Crl.O.P.No.3155 of 2025 07.02.2025 Page No.6 of 6