Chinnakutty @ Tamilarasan v. The State Rep.By, The Inspector Of Police,
CRL OP NO. 6356 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 6356 of 2025
1. Chinnakutty @ Tamilarasan 2.Periyakutty @ Selvabarathi 3.Dhanush @ Dhanushkumar Petitioner(s) Vs The State Rep.By, The Inspector Of Police, Anaicut Police Station, Vellore District. (CrimeNo. 29/2025) Respondent(s) For Petitioner(s):
Mr.T Saravanan For Respondent(s):
Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 115(2),118(1) and 351(3) of BNS, 2023 in Crime No.29 of 2025, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that, during a festival procession, there was a wordy quarrel arose between the petitioners and the defacto complainant; that
thereby, the petitioners abused, assaulted and threatened the defacto complainant of dire consequences. Hence, this case.
3. Learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case; and that the petitioners are ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and prayed for anticipatory bail to the petitioners.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police who is opposing for granting anticipatory bail to the petitioners reiterated the prosecution case and on instruction submitted that the petitioners are arrayed as A1 to A3 in this case; that the petitioners have no bad antecedents and the petitioners have no previous case.
5. Taking note of the facts and circumstances of the case, considering the nature of allegation against the petitioners, submissions made by the learned counsels on either side, the fact that the petitioners have no bad antecedents and since custodial interrogation of the petitioners are not required for the purpose of investigation, this
Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate V, Vellore on condition that the petitioners shall execute a separate 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and 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 New Town Police Station, Cuddalore everyday at 10.30 am, until further orders. [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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.
14-03-2025 msv To The Inspector Of Police, Anaicut Police Station, Vellore District.