Kumar v. The State Represented By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN 1.Kumar S/o Balaji, No.6, Mariyamman Kovil Street, Orikkai, Kancheepuram Taluk and District.
2.Saran Raj S/o Palanivel No.32A, Mariyamman Koil Street, Orikkai, Kancheepuram Taluk and District.
Petitioner(s) Vs The State Represented by, The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District. Cr.No.32/2025.
Respondent(s) PRAYER To grant anticipatory bail for the Petitioners / Accused 1 and 2 in the event of their amest in F.LR Crime No0.32/2025, on the file of the Respondent / Complainant herein and thus render justice.
For Petitioner(s):
Mr.Vijay Anand Sivaraman For Respondent(s):
Mr. 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punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS (corresponding to Section 294(b), 323, 324, 506 of repealed IPC 1860) in Crime No.32 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, on account of previous enmity, A1 assaulted the defacto complainant with knife and A2 is the one who gave knife to A1 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 Judicial Magistrate No.II, Kancheepuram, 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.The State Represented by, The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District. Cr.No.32/2025.
05-03-2025