Arupadaiyur 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 M. Arupadaiyur S/o.Muthu, No.18/15, Aadham Street, Mannady, Chennai-600 001.
Petitioner(s) Vs The State Rep by, The Inspector of Police, B-1, North Beach Police Station, Chennai-600 001.
Respondent(s) PRAYER To enlarge the petitioners on anticipatory bail in Cr.No.70/2025, pending investigation on the file of the respondent police. For Petitioner(s):
Mr. S. Prabudoss For Respondent(s):
Mr. S. Santhosh, Government Advocate
ORDER
The petitioner / A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(a), 296(b), 126(2), 351(3) of BNS / 294(b), 341, 506(2) IPC and 4 of TN Prohibition of Harassment of Women Act, 2002 in Crime No.70 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, the petitioner/A2 and A1 have previous enmity with the defacto complainant's sister; that on 10.02.2025, when the defacto complainant and her sister was walking on the road, at that time, the petitioner/A2 along with A1 waylaid the defacto complainant and her sister and abused them in filthy language and thus, committed the aforesaid offence.
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 one previous case. He further submitted that A1 was 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 case and since, custodial interrogation 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 VII Metropolitan Magistrate, 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 Internet:Yes
SUNDER MOHAN, J.
AT To 1.The State Rep by, The Inspector of Police, B-1, North Beach Police Station, Chennai-600 001.
Crl. O.P. No. 6353 of 2025