Uma Maheshwari v. State Rep.By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN 1.Uma Maheshwari 2.Mylapore Velu @ K.Velu
...Petitioners/Accused 1 &2
Vs.
State rep by The Inspector of Police, K-3 Aminjikarai Police Station, Chennai - 600 030.
(Crime No.104 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 482 of BNSS to enlarge the petitioners on anticipatory bail in Crime No.104 of 2025 pending investigation on the file of the respondent police. For Petitioners :
Mr.Hari Ramasubramanian For Respondent :
Mr.S.Santhosh, Government Advocate (Crl.Side) Page No.1 of 6
ORDER
This Criminal Original Petition has been filed by the petitioners, who apprehend arrest at the hands of the respondent, seeking anticipatory bail in Crime No.104 of 2025 registered for the offence under Sections 448 & 506(1) IPC.
2. The case of the prosecution is that due to property dispute, the 1st petitioner along with his henchmen viz., the petitioners 2 and 3 had trespassed into the house of the defacto complainant and threatened him and his family members with dire consequences. Hence, the case.
3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case; and that they have no bad antecedents and hence, they sought for grant of anticipatory bail.
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4.Learned Government Advocate (Crl.Side) appearing for the respondent police while opposing the grant of bail to the petitioners, reiterated the prosecution case and on instructions submitted that the petitioners have no bad antecedents.
5. Considering the nature of the allegations, the fact that the petitioners have no bad antecedents and since, custodial interrogation 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 days from the date of receipt of copy of this order, before the learned V Metropolitan Magistrate, Egmore, Chennai on condition that the petitioners 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 Page No.3 of 6
satisfaction of the said Magistrate, on further condition that: [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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners 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 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 B.N.S.
04.03.2025 rkp Page No.4 of 6
Copy to:
1.The Inspector of Police, K-3 Aminjikarai Police Station, Chennai - 600 030.
2.The V Metropolitan Magistrate, Egmore, Chennai 3.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
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