Karthikeyan v. 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 1.KARTHIKEYAN S/o.Jagadeesan, No.21 Bharathidhasan Street, Kilambakkam, Urapakkam, Chengalpattu-603210 2.K. Bhavani Petitioner(s) Vs State Rep By, The Inspector of Police, Kilampakkam Police Station, Chengalpattu District. Cr.No.42/2025, Respondent(s) PRAYER To enlarge the Petitioner on anticipatory bail in the event of their arrest by the respondent police in respect of the Crime No.42 of 2025 on the file of Inspector of Police, Kilampakkam Police Station, Chengalpattu District on such terms and conditions as this Honble Court may deem fit and proper and thus render justice.
For Petitioner(s):
Mr. M. Mubeen For Respondent(s):
Mr. S. Santhosh, Government Advocate
ORDER
The petitioners / A1 & A7, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections191(2), 191(3), 126(2), 296(b), 115(2), 118(2), 351(3) of BNSS in Crime No.42 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 between the defacto complainant and A1, the petitioners pushed the defacto complainant from bike and A1 to A7 abused and assaulted the defacto complainant with stones 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 first petitioner/A1 was arrested and released on bail and the second petitioner/A7 has no previous case. He further submitted that the injured in this case has been discharged from the hospital.
5. Considering the nature of allegations, the fact that the second petitioner/A7 has no bad antecedents and since custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the second petitioner/A7 with certain conditions. Insofar as the first petitioner/A1 is concerned, he was arrested and released on bail. Hence, the petition as against A1 has become infructuous.
6. Accordingly, the second petitioner/A7 is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of copy of this order, before the learned Judicial
Magistrate No.I, Tambaram, on condition that the second 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 second petitioner/A7 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 second petitioner/A7 shall report before the respondent police as and when required for interrogation.
[c] the second petitioner/A7 shall not tamper with evidence or witness either during investigation or trial.
[d]the petitioner/A7 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.State Rep By, The Inspector of Police, Kilampakkam Police Station, Chengalpattu District. Cr.No.42/2025, Crl. O.P. No. 6373 of 2025