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Madras High CourtCRL OP/7301/2025granted

Sathish v. State Rep By

2025-03-13Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.7301 of 2025 Sathish .. Petitioner Vs.

The State rep by The Inspector of Police, H-5, New Washermenpet Police Station, Chennai-600081.

(Crime No.184 of 2024) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.184 of 2024 on the file of the respondent Police.

For Petitioner : M/s.B.Stephenraj For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 447, 384, 506(I) of IPC in Crime No.184 of 2024, seeks anticipatory bail. Page No.1 of 5

2. The case of the prosecution is that the petitioner along with other accused trespassed into the defacto complainant's shop, demanded money and under threat made him to transfer a sum of Rs.25,000/- to A1's Phonepe account; that the petitioner, who is the cousin of A2 also participated and threatened the defacto complainant

3. The learned counsel appearing for the petitioner submitted that the allegations are false; that the co-accused were arrested and released on bail; and that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioner.

4. The 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; and that the petitioner has no bad antecedents.

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5. Considering the nature of allegations, the fact that the petitioner has not been arrested so far, the co-accused were arrested and released on bail and also the fact that the petitioner has no bad antecedents, this Court is of the view that custodial interrogation of the petitioner is not required for the purpose of investigation, and hence, 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 is made ready, before the XV Metropolitan Magistrate, George Town, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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. Page No.3 of 5

[b] the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders.

[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 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.

13.03.2025 Index : Yes / No Internet : Yes / No dpa/ars To 1.The Inspector of Police, H-5, New Washermenpet Police Station, Chennai-600081.

2. The Metropolitan Magistrate, George Town, Chennai.

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3.The Public Prosecutor, Madras High Court, Chennai.

SUNDER MOHAN , J.

dpa/ars Crl.O.P.No.7301 of 2025 13.03.2025 Page No.5 of 5