Mohan Babu v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN Mohan Babu S/o Egambaram, No 12h Street, Thiruvalluar Nagar, Via Thirumullaivoyal, Thiruvallur District.
Petitioner(s) Vs The State Rep.by, The Inspector of Police, P-3, Vyasarpadi Police Station, Chennai. Crime. No.505 of 2024, Respondent(s) PRAYER To enlarge the petitioner on anticipatory bail in the event of rest in Cr.No.505 of 2024 pending investigation on the file of the Respondent and thus render Justice.
For Petitioner(s):
Mr. K. Rahul For Respondent(s):
Mr. S. Santhosh, Government Advocate
ORDER
The petitioner / A10, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 270, 125(b), 123, 223(b) of BNS and Section 71(xiv) of TN City Police Act in Crime No.505 of 2024, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, on 17.11.2024 at about 4.00 p.m., the petitioner/A10 and 13 other accused were flying a kite with "Manja" thread; that at that time, when the defacto complainant and his son were travelling in a two wheeler, the defacto complainant's son got entangled in a kite's thread (Manja); that due to which, he got cut injury. 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 reiterated the prosecution case and on instructions submitted
that the petitioner has one previous case. He further submitted that the injured in this case has been discharged from the hospital.
5. Considering the nature of allegations and the injured has been discharged from the hospital and since the custodial interrogation of the petitioner is not required, 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 X Metropolitan Magistrate Court at George Town, Chennai, 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
To 1.The State Rep.by, The Inspector of Police, P-3, Vyasarpadi Police Station, Chennai. Crime. No.505 of 2024,
SUNDER MOHAN, J.
AT 06.03.2025