Merwin v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN MERWIN S/o. Dass, Ambetkar Street, Kayalarmedu, Periaobulaouram Post, Gummidipoondi Taluk, Thiruvallur District.

Petitioner(s) Vs State Rep By Inspector Of Police Padhirvedu Police Station, Thiruvallur District.

Crime No 24 of 2025 Respondent(s) PRAYER To enlarge the petitioner's on Anticipatory bail in the event of his arrest in Crime No. 24 of 2025 on the file of the respondent and thus render Justice. For Petitioner(s):

Mr. N. Lokesh Raj For Respondent(s):

Mr. S. Santhosh, Government Advocate

ORDER

The petitioner / A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 118(1), 109(1), 351(3) of BNS [U/S 146, 147, 294, 58, 49, 430 of IPC] in Crime No. 24 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, A1 and A2 are friends with defacto complainant; that they had a wordy quarrel; due to that enmity, petitioner /A4 along with other accused / A1 to A3 abused and assaulted the defacto complainant and threatened him. Hence, the case.

3. Learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court, and prayed for anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has four previous cases. He further submitted that the injured in this case has been discharged from the hospital. He further submitted that A1 to A3 were arrested and released on bail.

5. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, the fact that the petitioner is on bail in the other 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 of receipt of copy of this order, before the learned Judicial Magistrate,

Gummudipoondi, on condition that the petitioner shall execute 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: [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 of Kerala [(2005)AIR SCW 5560].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 06-03-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes

SUNDER MOHAN, J.

AT To 1.State Rep By Inspector Of Police Padhirvedu Police Station, Thiruvallur District. In Crime No 24 of 2025Ambetkar Street, Kayalarmedu, Periaobulaouram Post, Gummidipoondi Taluk, Thiruvallur District Crl. O.P. No. 6004 of 2025