Santhosh @ Santhoshraj v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN Santhosh @ Santhoshraj S/o.Sandilyan, No.8B, S.S.V. Koil 3rd Street, Perambur, Chennai 600 011.
Petitioner(s) Vs State Rep.By, The Inspector Of Police, K-1, Sembium Police Station, Chennai.
Respondent(s) For petitioner(s): Mr.lingakumar raja For Respondent(s): 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 296(b), 118(1) and 351(3) of BNS in Crime No. 16 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to previous enmity, the petitioner along with the other accused assaulted and attacked the de facto complainant, as a result of which the latter sustained injuries. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case; that there is a case and counter case and that in any case custodial interrogation of the petitioner is not required for the purpose of investigation and hence, he prayed for grant of anticipatory bail.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that there are five previous cases as against the petitioner and that the injured was discharged from the hospital.
5. Heard the learned counsel for the petitioner 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; nature of allegation; that the injured was discharged from the hospital; that the petitioner was released on bail in other cases and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the
petitioner subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the V Metropolitan Magistrate, Egmore, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupe es 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 petitioner shall report before the respondent police every day 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 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.
19.02.2025 vca SUNDER MOHAN, J.
vca To
1. State Rep.By, The Inspector Of Police, K-1, Sembium Police Station, Chennai.
19.02.2025