Valaibabu Alias N.Babu v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN ValaiBabu@ N.Babu ... Petitioner(s) /Accused Vs.
State by Inspector of Police, Thondamuthur Police Station, Coimbatore.
... Respondent(s)/ Complainant Crime No.53/2025 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to grant anticipatory bail to the petitioner in the event of his arrest in Crime No.53 of 2025, on the file of the respondent police. For petitioner(s) : Mr.G.Veeraraghavan For Respondent(s) : Mr.S.Santhosh, Government Advocate (Crl.Side) Page No.1 of 7
O R D E R
The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b) and 351(1) of BNS r/w Section 4 of TNPWH Act, in Crime No.53 of 2025, seek anticipatory bail.
2. It is the case of the prosecution is that, due to a wordy quarrel, the petitioner abused the defacto complainant in filthy language and threatened her of dire consequences.
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 Page No.2 of 7
there is one previous case against the petitioner and he is on bail in that case.
5. Considering the nature of allegations, and since custodial interrogation of the petitioner is not required for the purpose 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 No.VI, Coimbatore, 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 Page No.3 of 7
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 everyday at 10:30 a.m;
[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 Page No.4 of 7
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.
21.03.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr To
1. Inspector of Police, Thondamuthur Police Station, Coimbatore.
2. The Public Prosecutor, Madras High Court, Chennai.
Page No.5 of 7
3. Judicial Magistrate No.VI, Coimbatore.
SUNDER MOHAN, J.
skr Page No.6 of 7
21.03.2025 Page No.7 of 7