A Latha v. The State Rep. By Sub-Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 5105 of 2025 1.A.Latha 2.M.Abaikumar 3.A.Ishika 4.Lakshitha 5.M.Sunil Kumar 6.M.Nirmala Bai 7.S.Lalitha Petitioners Vs State Rep By Sub-Inspector Of Police, Madurantakam Police Station, Maduranthakam, Chengalpattu District.
(Crime No. 84/2025) Respondent(s) For Petitioners:
Mr.Narayanaswamy For Respondent : Mr.Leonard Arul joseph Selvam Government Advocate (Crl.Side)
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 193(1), 329(3), 296(b), Page No.1 of 6
115(2), 118(1), 351(3) of BNS and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002 in Crime No.84 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, due to previous enmity, there was a wordy quarrel between the petitioners and the defacto complainant, for which, the petitioners assaulted the defacto complainant with hands. Hence the case.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons, and due to previous enmity, the petitioners have been falsely implicated in this case; that the petitioners and the complainant are known to each other; and that the custodial interrogation of the petitioners is not necessary in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that there is a counter case; and that the petitioners is treated as out-patient. Page No.2 of 6
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 submissions made on either side; nature of allegations; that there is a counter case; that there is no external injury; and since 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 petitioner is ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Madurantakam, on condition that each petitioner shall 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 Page No.3 of 6
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. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
26.02.2025 Page No.4 of 6
drl To
1. The Inspector Of Police, Pallikonda Police Station, Vellore District.
2. The Public Prosecutor, Madras High Court, Chennai.
SUNDER MOHAN, J.
drl Page No.5 of 6
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