Periyasamy v. State Rep By Its Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Periyasamy ...petitioner/Sole Accused Vs.
State rep by The Inspector of Police, Natrampalli Police Station, Thirupathur District.
(Crime No.49 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 482 of BNSS to enlarge the petitioner on anticipatory bail in Crime No.49 of 2025 pending investigation on the file of the respondent police. For petitioner :
Mr.T.Shanmugam For Respondent :
Mr.S.Santhosh, Government Advocate (Crl.Side) Page No.1 of 6
ORDER
This Criminal Original Petition has been filed by the petitioner, who apprehend arrest at the hands of the respondent, seeking anticipatory bail in Crime No.49 of 2025 registered for the offence under Sections 296(b), 118(1), 132 and 351(3) of BNS Act.
2. The case of the prosecution is that due to wordy quarrel, the petitioner abused the defacto complainant in filthy language and assaulted him with paint box, due to which, the defacto complainant sustained injuries and admitted to hospital. Hence, the case.
3. The learned counsel for the petitioner submitted that the allegations are false; that the petitioner has no bad antecedents and that the injured has been discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the case of the prosecution and submitted that Page No.2 of 6
the petitioner has no bad antecedents and the injured was discharged from the hospital.
5. Considering the nature of allegations and the fact that the injured has been discharged from the hospital; that the petitioner has no bad antecedents and that the 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 of receipt of copy of this order, before the learned Judicial Magistrate No.III, Thirupathur on condition that the 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 said Magistrate, on further condition that:
Page No.3 of 6
[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; [b] the petitioner shall report 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 [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
04.03.2025 rkp Page No.4 of 6
Copy to:
1.The Inspector of Police, Natrampalli Police Station, Thirupathur District.
2.The Judicial Magistrate No.III, Thirupathur. 3.The Public Prosecutor, High Court, Madras.
Page No.5 of 6
SUNDER MOHAN, J.
rkp 04.03.2025 Page No.6 of 6