Mani v. State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN
1. Mani S/o.Perumalgounder,
2. Chithra Wo.Mani, Both are residing at No.6/2, periyathottam, Kattusalai, Kilapalayam, Namakkal District Petitioner(s) Vs
1. State By, The Inspector Of Police, Elachipalayam Police Station, Namakkal District.
(Crime No.20 of 2025) Respondent(s) PRAYER To enlarge the petitioners on Anticipatory Bail in the event of their arrest in Crime No. 20 of 2025, on the file of the.lnspector of Police, Elachipalayam Police Station, Namakkal District
For Petitioner(s):
Ms. R. Hemalatha For Respondent(s):
Mr. S. Santhosh, Government Advocate
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, 2023 in Crime No.20 of 2025, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that, on account of previous enmity regarding land dispute, the petitioners abused and attacked the defacto complainant with iron rod 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 it is a case and case in counter.
5. Considering the nature of the allegations, the fact that the injured has been discharged from the hospital, the fact that there is a counter case and since, custodial interrogation of the petitioners is 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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruchengode, Namakkal District, 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 daily 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 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 To 1.State By, The Inspector Of Police, Elachipalayam Police Station, Namakkal District.
(Crime No.20 of 2025)
SUNDER MOHAN, J.
AT CRL OP No. 6697 of 10-03-2025