Dinesh Dinesh Kumar v. The State Of Tamil Nadu Through The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Dinesh @Dinesh Kumar ... Petitioner(s) /Accused Vs.
The State of Tamil Nadu, Through the Inspector of Police, Velampalayam Police Station, Tiruppur City, Tiruppur District.
... Respondent(s)/ Complainant Crime No.163 of 2025 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.163 of 2025 on the file of the respondent police. For petitioner(s) : Mr.Deepan Uday For Respondent(s) : Mr.S.Santhosh, Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 127(2), 115(2), 118(1) and 351(3) of BNS, 2023, in Crime No.163 of 2025, seeks Page No.1 of 8
anticipatory bail.
2. The case of the prosecution is that on account of prior enmity, the petitioner attacked the defacto complainant and abused him in filthy language.
3. The learned counsel appearing for the petitioner submitted that the allegations are false; 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 injured has been discharged from the hospital; and that the petitioner has no bad antecedents.
5. Considering the nature of allegations, the fact that the injured has been discharged from the hospital; the petitioner has no bad antecedents and since, custodial interrogation of the petitioner is not required for the purpose Page No.2 of 8
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 is made ready, before the Judicial Magistrate Court No.3, Tiruppur, 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.
[b] the petitioner shall appear before the respondent police daily at 10.30 a.m., until further Page No.3 of 8
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 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 BNS.
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17.03.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.5 of 8
To
1. Inspector of Police, Velampalayam Police Station, Tiruppur City, Tiruppur District.
2. The Public Prosecutor, Madras High Court, Chennai.
3. Judicial Magistrate Court No.3, Tiruppur Page No.6 of 8
SUNDER MOHAN, J.
skr Page No.7 of 8
17.03.2025 Page No.8 of 8