Ajith @ A.Ajith Kumar v. The State Of Tamil Nadu, Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.5262 of 2025 Ajith @ A.Ajith Kumar ... Petitioner

Versus

The State of Tamilnadu Rep by the Inspector of Police, T-12, Poonamalle Police Station, Poonamalle, Chennai-600 056.

... Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS Act, to enlarge the petitioner on bail in the event of his arrest in Cr.No.446 of 2024 on the file of the respondent police for the alleged offence under Section 498A of IPC.

For petitioner : Mr.D.Thanigaivasan For Respondent : Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 384, 506(ii) of IPC in Crime No.446 of 2024, seeks anticipatory bail. 1/5

2. The case of the prosecution is that the defacto complainant is running a tea shop, where the petitioner along with his friend went there and had tea. Later, he has refused to pay money; that when it was demanded by the defacto complainant; the petitioner had threatened him at knife point and picked a sum of Rs.800/- from the defacto complainant's pocket.

3.

Learned counsel appearing for the petitioner would submit that the allegations are false and in any case, the custodial interrogation of the petitioner is not required. Hence, he prays for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent Police reiterated the prosecution case and on instructions submitted that there is one previous against the petitioner and he is on bail in those case.

5. Considering the nature of allegations, the petitioner is on bail in the previous case and since the custodial interrogation of the petitioners is not required, this Court is inclined to grant anticipatory bail to the petitioner.

6.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 2/5

from the date on which the order copy is made ready, before the learned Judicial Magistrate-II, Poonamalle 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 conditions that: [a] the petitioner and the sureties shall affix their photographs and 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 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.

[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 3/5

and the Petitioner is 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.

27.02.2025 Vv To

1. The Judicial Magistrate-II, Poonamalle.

2. The Inspector of Police, T-12, Poonamalle Police Station, Poonamalle, Chennai-600 056.

3. The Public Prosecutor, High Court of Madras, Chennai.

4/5

SUNDER MOHAN, J.

Vv Crl.O.P.No.5262 of 2025 27.02.2025 5/5