Madras High CourtCRL OP/8545/2025granted

Akash v. State By,

2025-03-24Honourable Mr Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL O.P NO.8545 of 2025 Akash S/o. Anandan ....Petitioner/Accused Vs The State by The Inspector of Police, Arcot Town Police Station, Ranipet District.

Crime No.131 of 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.131 of 2025, on the file of the respondent police.

For Petitioner : Mr. D. Thirumoorthy 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 296(b), 118(1) and 351(3) of BNSS Act, 2023 (294, 324 and 506 IPC), in Crime No.131 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that, the petitioner and the defacto complainant are from the same locality and that due to previous enmity, the petitioner along with other accused abused the defacto complainant in filthy language, manhandled him and threatened him with dire consequences. Hence this case.

3. The learned counsel appearing for the petitioner would submit the petitioner is no way connected with the crime; that a false complaint has been lodged against him by the defacto complainant due to previous enmity; and that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and prayed for anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that there are previous cases against the petitioner and that he is on bail on all those cases and opposed for grant of anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances of the case, considering the nature of allegation against the petitioner, submissions made by the learned counsels on either side, the fact that the petitioner is on bail on all the previous cases filed against him, 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.

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, Arcot, 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 3/6

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 stay at Chennai and report before the Inspector of Police, Flower Bazaar Police Station, Chennai, everyday 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 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]. 4/6

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 24.03.2025 bga To

1. The Judicial Magistrate, Arcot

2. The Inspector of Police, Flower Bazaar Police Station, Chennai.

3. The Inspector of Police, Arcot Town Police Station, Ranipet District.

Crime No.131 of 2025

4. The Public Prosecutor, High Court, Madras. 5/6

SUNDER MOHAN, J.

bga Crl.O.P. No.8545 of 2025 24.03.2025 6/6