J Allwin v. State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL O.P NO.8350 of 2025 J. Allwin S/o. Jagan ....Petitioner/Accused (Rank not known) Vs The State represented by The Inspector of Police, Perambur Railway Police Station, Perambur, Chennai (Crime No.75/2025) ....Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.75 of 2025, on the file of the respondent police.

For Petitioner : Mr. Krishnan Perumal For Respondent : Mr. S. Balaji Government Advocate (Crl. Side) 1/6

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 351(3) of BNS, 7 & 25(1)(a) of Arms Act, 1959, 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992, 152 & 153 of Railway Act, 1989, in Crime No.75 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that, on 10.03.2025, there was a clash between the students of two colleges; that in the said clash the students of the college in which the petitioner is studying threw stones on the electric train at Korattur Railway Station and that the respondent police registered a case against the students including the petitioner.

3. Learned counsel for the petitioner would submit that the petitioner is innocent; that he was not involved in the said offence; that the petitioner has no bad antecedents; that in any case custodial interrogation of the petitioner is not required and that he is ready to furnish sureties and to abide by any conditions that may be imposed by this Court and sought for 2/6

anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the main accused have been arrested and remanded to judicial custody.

5. Considering the aforesaid facts and the nature of allegations, this Court is of the view that custodial interrogation of the petitioner may not be required for the purpose of investigation. The petitioner is a college student and he is expected to behave in a dignified manner both privately and in public. However, considering the submissions made by the learned counsel for the petitioner that the petitioner is willing to abide by any conditions, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions with a hope that the petitioner would not repeat such conduct in future. The petitioner shall do voluntary services in a Home for the Disabled run by Akshaya Trust, having office at No.99, Royapettah High Road, Rangaiah Garden, Mylapore, Chennai - 600 004, for a period of three days.

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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 made ready, before the learned Judicial Magistrate, Ambattur, 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 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 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 report before the respondent police twice a week at 10:30 a.m., until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. 4/6

[d] The petitioner shall produce the proof (certificate from the person in charge of the home) that he had rendered voluntary services in the home run by Akshaya Trust, having office at No.99, Royapettah High Road, Rangaiah Garden, Mylapore, Chennai - 600 004 [Mobile No.92449 13690] before the learned Magistrate within a period of three weeks from the date of execution of the bond. [e] the petitioner shall not abscond either during investigation or trial.

[f] 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 26.03.2025 5/6

bga SUNDER MOHAN, J.

bga To

1. The Judicial Magistrate, Ambattur

2. The Inspector of Police, Perambur Railway Police Station, Perambur, Chennai

3. The Public Prosecutor, High Court, Madras. Crl.O.P. No.8350 of 2025 26.03.2025 6/6