Vijaya v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
1. Vijaya
2. Sivakumar
3. Latha @Lalitha
4. Deepa
5. Samannan
6. Ramasamy ... Petitioner(s) /Accused Vs.
State rep. by the Inspector of Police, Thimmampettai Police Station, Thirupathur District.
... Respondent(s)/ Complainant Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner's on bail in the event of their arrest in Crime No.15 of 2025 pending investigation on the file of the respondent police.
For petitioner(s) : Mr.E.Kannadasan For Respondent(s) : Mr.S.Santhosh, Page No.1 of 7
Government Advocate (Crl.Side)
O R D E R
The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 3(5) of BNS, 2024 r/w Section 4 of TNPHW Act, 2002, in Crime No.15 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on account of property dispute, the petitioners attacked the defacto complainant and abused them in filthy language.
3. The learned counsel appearing for the petitioners submitted that the allegations are false; and that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted Page No.2 of 7
that injured has been discharged from the hospital; and that the petitioners have no bad antecedents.
5. Considering the nature of allegations, the petitioners have no bad antecedents and since, custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Judicial Magistrate, Vaniyambadi, 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 petitioners 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 petitioners shall appear before the respondent police as and when required for investigation;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioners 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 Page No.4 of 7
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.
21.03.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr To
1. The Inspector of Police, Thimmampettai Police Station, Thirupathur District.
2. The Public Prosecutor, Madras High Court, Chennai.
Page No.5 of 7
3. Judicial Magistrate, Vaniyambadi, SUNDER MOHAN, J.
skr Page No.6 of 7
21.03.2025 Page No.7 of 7