Thirumal v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN THIRUMAL S/0.Ramachandran, Manivizhunthan South, Thalaivasal Taluk, Salem District.

Petitioner(s) Vs State Rep. by The Inspector of Police, Thalaivasal Police Station, Salem District.

Respondent(s) Prayer:

Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner / Accused on bail in the event of arrest in Crime No.59 of 2025 pending on the file of the respondent police.

For Petitioner(s):

Mr.E Kannadasan 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 Section 126(2), 288, 125, 132 and 351(3) of BNS, 2023 (under Sections 341,286,336,353 and 1/4

506(ii) of IPC) in Crime No.59 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that during a road roko, when the respondent police tried to pacify the public, the petitioner tried to selfimmolate by pouring kerosene; threatened the police and prevented them from performing their duty . Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case and he is ready to abide by any conditions imposed by this Court. 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 there is no previous case as against the petitioner.

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.

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6. Considering the submissions made on either side; nature of allegation; 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 appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate - II, Attur 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 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. SUNDER MOHAN, J.

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vca [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.

18.02.2025 vca To The Inspector of Police, Thalaivasal Police Station, Salem District.

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