Agarnivas v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.02.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN Agarnivas S/o. Muniyappan .... Petitioner / Accused Vs State rep. by:- The Inspector Of Police, Gurubarapalli Police Station, Krishnagiri District.
... Respondent [Cr. No.50 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 in Crime No.50 of 2025 on the file of the respondent police. For Petitioner : Mr. E. Kannadasan For Respondent : Mr. Leonard Arul Joseph Selvam, Government Advocate [Criminal side]
ORDER
The petitioners / Accused, who apprehends arrest in the hands of the respondent police for the offence punishable under Sections 296(b), 1/6
115(2), 118(1), 351(3) and 324(4) of B.N.S. in connection with the case in Crime No.50 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that there was a dispute between college students with regard to the theft of a cell phone of one Manivannan; that the said Manivannan was working in a hotel; that the petitioner came to the hotel and attacked the said Manivannan and also the defacto complainant, who was working as a Manager, with hands and caused injuries besides damaging the car belonging to the defacto complainant; and thus, committed the aforesaid offences.
3. Learned counsel for the petitioner would contend that the allegations are false; that he has not caused any damage to any property; and that in any case, custody of the petitioner is not required and hence prayed for anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that the petitioner has no previous 2/6
case. However, the petitioner had met with an accident after the date of occurrence and got fractured his hands and ribs.
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 aforesaid facts, the nature of allegations, the fact that the petitioner was injured and is now in the hospital due to an accident after the incident and since custodial interrogation 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, before the learned Judicial Magistrate No.II, Krishnagiri 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 3/6
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 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. [b] the petitioner shall report before the respondent police as and when required for interrogation.
[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.
[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 4/6
of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
25.02.2025 mjs To 1.The Judicial Magistrate No.II, Krishnagiri.
2. The Public Prosecutor, High Court, Madras.
3. The Inspector Of Police, Gurubarapalli Police Station, Krishnagiri District.
SUNDER MOHAN. J., mjs 5/6
25.02.2025 6/6