Murali v. State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.02.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN Murali S/o. Mohanam ... Petitioner / Accused Vs State rep. by:- The Inspector Of Police, Valapandal Police Station, Ranipet District.
... Respondent [Cr. No.28 of 2025 ] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused - 3 in Crime No.28 of 2025 on the file of the respondent police. For Petitioner : Mr.Thirumoorthy.D.
For Respondent : Mr. S. Balaji, Government Advocate [Criminal side]
ORDER
The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 296(b), 1/6
132, 115(2), 118(1), 351(2) and 324(2) of B.N.S. and Section 4 of Prohibition of Harassment of Women Act, 2022 in connection with the case in Crime No.28 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused restrained the defacto complainant, a Panchayat Clerk at Parimangalam Panchayat, Ranipet District, from performing his official duty and abused him.
3. Learned counsel for the petitioner would contend that the petitioner is innocent; that he has been implicated, based on the based on the complaint; and that there is a case and counter case; and that the custodial interrogation is not required for the purpose of investigation and hence prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, would submit that there is a case and counter case, due to the dispute between the neighbours. 2/6
5. Heard the learned counsel for the petitioner 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 there is a case and counter case and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
7. 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 and on deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of Cr. No.28 of 2025 on the file of respondent police before the learned District Munsif-cum-Judicial Magistrate, Arcot on condition that the petitioner 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 3/6
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. [c] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[f] 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 4/6
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].
[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
19.02.2025 mjs To 1.The District Munsif-cum-Judicial Magistrate, Arcot.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector Of Police, Valapandal Police Station, Ranipet District. SUNDER MOHAN. J., mjs 5/6
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