H.Parasuraman v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN

1. H.Parasuraman

2. J. Balaji ... Petitioners/Accused Vs.

State rep by The Inspector of Police, Kaveripakkam Police Station Ranipet District 632 508 (Crime No.117 of 2025) ... Respondent PRAYER: This criminal original petition has been filed under Section 482 of BNSS to enlarge the petitioners on bail in Crime No.117 of 2025 pending investigation on the file of the respondent police. For Petitioners :

Mr.L.Ram Kumar For Respondent :

Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent Page No.1 of 6

police for the offences punishable under Sections 126(2), 296(b), 115(2), 118(1), 351(3) and 308(5) of BNS 2023 in Crime No.117 of 2025, seeks anticipatory bail.

3. The case of the prosecution is that the petitioners along with 2 other accused went to the lake situated at Alappakam Village where the defacto complainant's employees were digging soil for construction of National Highway and demanded money from the defacto complainant and threatened him. Further they attacked the defacto complainant with hands due to which defacto complainant and his employees sustained injuries, admitted in the hospital and discharged.

4. The learned counsel appearing for the petitioner submitted that the allegations are false; and that in any case, custodial interrogation are not required and sought for anticipatory bail to the petitioners.

5. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that there are no previous cases against the Page No.2 of 6

petitioners and the accused A1 & A2 were arrested and released on bail.

6. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

7. Considering the nature of allegations, the fact that the injured has been discharged from the hospital, and since custodial interrogation of the petitioners are not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.

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 is made ready, before the learned District Munsif cum Judicial Magistrate-I, Walajapet, Ranipet district, on condition that the petitioner shall execute a 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 Page No.3 of 6

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 a.m., 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 BNS.

14.03.2025 Page No.4 of 6

dpq Copy to:

1. The Inspector of Police, Kaveripakkam Police Station Ranipet District 632 508 2.The District Munsif cum Judicial Magistrate - I, Walajapet, Ranipet District.

3. The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

dpq 14.03.2025 Page No.6 of 6