Jambulingam v. The State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN 1.JAMBULINGAM 2.Mani 3.Rajendiran Petitioners/ Accused 1-3 Vs The State Rep. by Inspector of Police Gudiyatham Town Police Station, Vellore Distric. Crime no. 707 Of 2024 Respondent(s) For petitioners:

Mr.A Vijayakumar For Respondent(s):

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 Sections 296(b), 118(1), 303(2) of the BNS Act, on the file of the respondent police, seek anticipatory bail.

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2. The case of the prosecution is that the petitioners along with the other persons, due to previous enmity had attacked the de facto complainant. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent; that they have been falsely implicated in this case and they are ready to abide by the conditions putforth by this Court and hence, he prayed for anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that the injured was discharged from hospital and that there are no previous cases as against the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.

6. Considering the submissions made on either side and also nature of allegation, the injured was discharged from hospital, there are no previous 2/4

case as against the petitioners, the age of the petitioners and since custodial interrogation of the petitioners is not required for investigation, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

(a) Accordingly, the petitioners are 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 Judicial Magistrate Court, Guidyatham, Vellore District on condition that the petitioners 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [b] the petitioners shall report before the respondent police every day 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. SUNDER MOHAN, J.

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[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.

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1. The State Rep. by Inspector of Police Gudiyatham Town Police Station, Vellore Distric. Crimeno. 707 Of 2024 4/4