Vijayan v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN Vijayan S/0.Vediyappan,, Mandhikulampatty Village, Sikkalur Post, Harur Taluk, Dharmapuri District.
Petitioner(s) Vs State rep by The Inspector of Police, Kottapatti Police Station, Dharmapuri District.
(Crime No.26 of 2025).
Respondent(s) PRAYER To enlarge the petitioner on anticipatory bail in the event on his arrest by the Respondent Police in Crime No. 26 of 2025 on the file of the Respondent police and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render Justice.
For Petitioner(s):
Mr. J. Pradeep 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 105 of BNS (Section 304 IPC) r/w Section 135(1)(a) of Indian Electricity Act in Crime No.26 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the 1 st victim had entered the land which was taken on lease by the petitioner and another person and was owned by one Elango, that while he entered, he came in contact with electric fence, he was electrocuted and died; that when the 2 nd victim, who is the father of the 1 st victim came in search of the 1 st victim, he was also electrocuted and died. Hence, the case.
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 the co-accused were arrested and released on bail by this Court in Crl.O.P.Nos.4913 & 6420 of 2025 dated 07.03.2025.
5. Considering the nature of allegation, the fact that the co-accused were arrested and released on bail and since, custodial interrogation of the petitioner 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 on which the order copy made ready, before the learned Judicial Magistrate,
Harur, on condition that the petitioner 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 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.
10-03-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes
SUNDER MOHAN, J.
AT To 1.State rep by The Inspector of Police, Kottapatti Police Station, Dharmapuri District. (Crime No.26 of 2025).
Crl. O.P. No. 6733 of 2025