Selvam @ Kattavandi Selvam v. The State 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.5604 of 2025 1.Selvam @ Kattavandi Selvam 2.Dhanush 3.Arvind 4.Uma 5.Vinoth @ Vinothkumar
...Petitioners/A1 to A5
Vs.
The State rep by The Inspector of Police, Gudiyatham Police Station, Vellore District.
(Crime No.44 of 2025)
...Respondent/Complainant
PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest by the respondent police in Crime No.44 of 2025 on the file of the respondent Police.
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For Petitioners : M/s.Thirumoorthy D For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
ORDER
The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 118(1), and 351(2) of the Bharatiya Nyaya Sanhita (BNS) 2023 [147, 324 and 506 of the IPC] and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2022 in Crime No.44 of 2025, seek anticipatory bail.
2. The case of the prosecution is that on account of prior enmity, the petitioners/A1 to A5 abused the de-facto complainant and attacked him. Due to which the de-facto complainant sustained injuries. Hence, the case.
3. The learned counsel appearing for the petitioners/A1 to A5, Page No.2 of 6
submitted that the allegations are false; that there is a counter case; and that in any case, custodial interrogation of the petitioner 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 injured has been discharged from the hospital; and that there is a counter case.
5. Considering the nature of the allegations, the fact that the injured has been discharged from the hospital and there is a counter case, 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 with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) Page No.3 of 6
days from the date on which the order copy was made ready, before the learned Judicial Magistrate, Gudiyatham, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each 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 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 appear before the respondent police daily 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];
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[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, Gudiyatham Police Station, Vellore District.
2. The Judicial Magistrate, Gudiyatham.
3.The Public Prosecutor, Madras High Court, Chennai.
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SUNDER MOHAN , J.
dk Crl.O.P.No.5604 of 2025 28.02.2025 Page No.6 of 6