Venkatesan v. State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN Venkatesan S/o. Munusamy, No.2/145, Kodiyur, Senrayampatti, Bommandahalli, Periyanahalli, Dharmapuri District Petitioner(s) Vs State By, The Inspector Of Police, Marandahalli Police Station, Dharmapuri Disrict. Cr.No.31 of 2025.
Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest by the Respondent Police concerned in Crime No. 31 of 2025 on the file of Inspector of Police, Marandahalli Police Station, Dharmapuri District For Petitioner(s):
Mr. Elavarasan M R For Respondent(s):
Mr. S. Santhosh, Government Advocate
ORDER
The petitioner / A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 126(2), 115(2), 118(1) & 351(2) of BNS in Crime No.31 of 2024, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, there was a wordy quarrel arose between the petitioner / A4 and other accused along with defacto complainant; that the petitioner and other accused alleged to have attacked the defacto complainant 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 the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that A1, A2, A3, A5 and A6 were arrested and still is custody. He further submitted that the petitioner /A4 is absconding and absconding final report has been filed before the Judicial Magistrate, Palacode.
5. Considering the nature of allegation against the petitioner, the fact that the petitioner was not arrested during investigation, the final report has already been filed 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 Judicial Magistrate, Palacode, Dharmapuri District, 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 appear before the trial Court on all hearing dates.
[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.State By, The Inspector Of Police, Marandahalli Police Station, Dharmapuri Disrict. Cr.No.31 of 2025.
Crl. O.P. No. 6368 of 2025