Rangasamy v. The State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Rangasamy

...Petitioner/Accused 1

Vs.

State through The Inspector of Police, Deevattipatti Police Station, Salem District.

(Crime No.63 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.63 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.C.Deepak Kumar For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 189(2), 296(b), 115(2), Page No.1 of 6

118(1) and 351(3) of BNS, in Crime No.63 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.It is the case of the prosecution that on account of previous enmity, the petitioner had a wordy quarrel with the defacto complainant and attacked him with a knife and caused injuries. Hence, the case.

3. The learned counsel for the petitioner would submit that the allegations are false; that the petitioner has lodged a complaint against the defacto complainant and others and a case in Crime No.62 of 2025 is pending and the instant complaint has been filed only as a counter to the said complaint and hence, he prays for the grant of anticipatory bail. 4.Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and confirmed the fact that there is a counter case and that the injured has been discharged from the hospital.

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5.Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record. 6.Considering the aforesaid facts, nature of allegations, since there is a case in counter this Court is of the view that further custody of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner with 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 copy of this order, before the Judicial Magistrate, Omalur, on condition that the petitioner shall execute a bond for 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, on further condition that:

[a] 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; Page No.3 of 6

[b] the petitioner shall appear before the respondent police everyday at 10.30 a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness 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 reported in [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

24.02.2025 ata Page No.4 of 6

Copy to:

1.The Inspector of Police, Deevattipatti Police Station, Salem District.

2.The Judicial Magistrate, Omalur.

3.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

ata 24.02.2025 Page No.6 of 6