A. Dhanseer Ahmed 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 A. Dhanseer Ahmed S/o. Adham Basha, No. 240 Bazaar Street, Kalavai, Arcot, Ranipet District.
Petitioner(s) Vs State Rep.By, The Inspector Of Police, Kalavai Police Station, Ranipet District.
Cr.No.48 of 2025.
Respondent(s) PRAYER To enlarge the Petitioner on bail in the event of his arrest in connection with Crime No. 48 of 2025 on the file of respondent Police. For Petitioner(s):
Mr. D. Ilayaraja For Respondent(s):
Mr. S. Santhosh, Government Advocate
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 287, 296(b), 324(5) & 118(2) of BNS, 2023 in Crime No.48 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, the petitioner is running a hardware shop adjacent to the defacto complainant's jewellery shop; that without following adequate safety measures, the petitioner used welding machine inside his paint shop; that as a result of which, it cought fire accidentally and damaged the petitioner's shop as well as the shop of the defacto complainant.
3. Learned counsel for the petitioner submitted that the petitioner is guilty only of negligence and no offence has been committed; 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 damaged value is about Rs.10 lakhs.
5. Considering the facts and circumstances of the case and nature of allegations and since 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 Judicial Magistrate, Arcot, 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 Index:Yes/No AT
To 1.State Rep.By, The Inspector Of Police, Kalavai Police Station, Ranipet District.
Cr.No.48 Of 2025.
SUNDER MOHAN, J.
AT CRL OP No. 6418 of 06-03-2025