S.Prabakaran v. The State Represented By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.02.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN
1. S. Prabakaran S/o. Selvaraj
2. S. Selvaraj S/o. Sevathan ... Petitioners / Accused 1 & 2 Vs State rep. by:- The Inspector of Police, Thirupathur Taluk Police Station, Thirupathur District.
... Respondent [Cr. No.59 of 2025] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioners / Accused in Crime No.59 of 2025 on the file of the respondent police. For Petitioner : Mr. C.D. Sugumar For Respondent : Mr. S. Balaji, Government Advocate [Criminal side] 1/6
ORDER
The petitioners / Accused, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 296(b), 115(2) and 351(2) of B.N.S. and Section of 4 of TNPHW Act in connection with the case in Crime No.59 of 2025, seek anticipatory bail.
2. The case of the prosecution is that on account of previous enmity, the accused abused the defacto complainant in filthy language and assaulted her with wooden log.
3. Learned counsel for the petitioners would contend that the allegations against the petitioners are false; and that in any case, custodial interrogation of the petitioners is not required and hence prayed for grant of anticipatory bail to the petitioners. It is further submitted by the learned counsel that Section 294(b) of B.N.S. has been wrongly mentioned in the petition, instead of Section 296(b) of B.N.S.
4. The learned Government Advocate (Criminal Side) appearing 2/6
for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions, submitted that the injured has been discharged from the hospital; and that the petitioners have no bad antecedents.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6. Considering the nature of allegations, the fact that the injured was discharged from the hospital, the petitioners have no bad antecedents and since the custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners on 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 3/6
days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Tirupattur on condition that the petitioners shall each execute a separate 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:
[a] the petitioners 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 petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders; [d] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioners shall not abscond either during investigation or trial;
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[f] 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] and [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
20.02.2025 mjs To 1.The Judicial Magistrate No.II, Tirupattur.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Thirupathur Taluk Police Station, Thirupathur District.
SUNDER MOHAN. J., mjs 5/6
20.02.2025 6/6