S Rameshkumar v. S Ezhilkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN S Rameshkumar S/o. Mr. Senthamaraikannan, No.

347,Teacher Nager, Thirukoilur Road S Ezhilkumar Petitioner(s) Vs The State rep., by The Sub Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai District.

(Crime No.63 of 2025) Respondent(s) PRAYER To enlarge the Petitioner on bail in the event of petitioners arrest in Crime No. 63 of 2025 on the file of the Respondent police For Petitioner(s):

P Jayachandran For Respondent:

S. Santhosh, Government Advocate

ORDER

The petitioners / A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(2) of BNS in Crime No.63 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that, the second petitioner and defacto complainant are husband and wife; the first petitioner is the brother of the second petitioner; that on 31.01.2025 the defacto complainant/wife of the second petitioner has given complaint to the respondent police alleging that on 02.01.2025 at about 11.00 am there was a wordy quarrel between them and the petitioners assaulted the defacto complainant with a watercan and thus, committed the aforesaid offence.

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

4.Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that the petitioners have no previous case. He further submitted that the injured in this case has been discharged from the hospital.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6. Considering the nature of allegations and the injured has been discharged from the hospital, the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. 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 Additional Mahila Court - Tiruvannamalai, on condition that each of the petitioners shall execute separate bonds 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 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 report before the respondent police as and when required for interrogation.

[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 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. 05-03-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes

SUNDER MOHAN J.

AT To 1.S Ezhilkumar S/o. Mr. Senthamaraikannan, No.

347,Teacher Nager, Thirukoilur Tiruvannamalai Taluk and district.

05.03.2025