Nirmal v. State Rep By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

1. NIRMAL S/o. Ramu, 82 Adham Street, Royapuram, Chennai - 13.82 Adham Street, Royapuram

2. MURALI S/o. Ravi, No.5,ambarson Street Broadway, Chennai - 18 Petitioner(s) Vs

1. State Rep By The Sub Inspector of Police N2, Kasimedu Police Station, Chennai Crime No. 137 Of 2025 Respondent(s) PRAYER To enlarge the petitioners on bail in the event of their arrest at the hands of the respondent pending investigation Crime No. 137 of 2025 on the file of the respondent police and thus render Justice.

For Petitioner(s):

Mr. G. Ezhilbalaji For Respondent(s):

Mr. S. Santhosh, Government Advocate

ORDER

The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 115(2), 118(1) & 351(2) equivalent to 341, 294(b), 323, 324 & 506 of IPC in Crime No. 137 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that, there was a wordy quarrel between defacto complainant and petitioners /A1 and A2 along with A3; that the petitioners along with other accused abused the defacto complainant in filthy language and have attacked the defacto complainant and thus committed the aforesaid offence.

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 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 the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that the injured has been discharged from the hospital. He further submitted that the petitioners have no bad antecedents.

5. Considering the nature of allegations, the fact that the petitioners have no bad antecedents and since custodial interrogation of the petitioners are not required, 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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned XVI,

Metropolitan Magistrate, Georgetown, Chennai, 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 respondent police as and when required for interrogation.

[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 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 Sub Inspector Of Police N2, Kasimedu Police Station, Chennai Crime No. 137 Of 202582 Adham Street, Royapuram Crl. O.P. No.6721 of 2025