Deepak Sriram v. State Re By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.5536 of 2025 Deepak Sriram

...Petitioner/Accused No.2

Vs.

The State rep by The Inspector of Police, Vaniyamabadi Town Police Station, Vaniyamabadi, Tirupathur District.

(Crime No.41 of 2025)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.41 of 2025 on the file of the Inspector of Police, Vaniyambadi Town Police Station, Vaniyamabadi, Tirupathur District. For Petitioner : Mr.G.Vinodh Kumar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate(Crl.Side)

ORDER

Page No.1 of 6

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) & 351(3) of BNS (294(b), 323, 324, 506(ii), of the IPC) in Crime No.41 of 2025 in Crime No.41 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 21.02.2025, a wordy quarrel arose between the petitioner and the de-facto complainant. Due to which, the petitioner abused the de-facto complainant in filthy language and assaulted him and threatened him with dire consequences. Hence, the case. 3.

The learned counsel appearing for the petitioner submitted that the allegations are false; and that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioner. 4.

The learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has three previous cases; and that the injured has been discharged from the hospital.

Page No.2 of 6

5.

Considering the nature of allegations, the fact that the injured has been discharged from the hospital, the petitioner is on bail in other previous cases and since, custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.

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 on which the order copy is made ready, before the Judicial Magistrate, Vaniyambadi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 condition 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. Page No.3 of 6

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

[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 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 absconds, a fresh FIR can be registered under Section 269 BNS.

28.02.2025 Index : Yes / No Internet : Yes / No dk To 1.The Inspector of Police, Vaniyamabadi Town Police Station, Page No.4 of 6

Vaniyamabadi, Tirupathur District.

2. The Judicial Magistrate, Vaniyambadi.

3.The Public Prosecutor, Madras High Court, Chennai.

SUNDER MOHAN, J.

dk Page No.5 of 6

Crl.O.P.No.5536 of 2025 28.02.2025 Page No.6 of 6