Saravanan v. The State Rep. By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.03.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN
1. Saravanan S/o. Chellapuri @ Salapuri Sakkaravarthy
2. Karthi S/o. Chellapuri @ Salapuri Sakkaravarthy
3. Chellapuri @ Salapuri Sakkaravarthy S/o. Kannappan ... Petitioners / Accused 1, 2 & 6 Vs State rep. by:- The Inspector of Police, Veppankuppam Police Station, Vellore District.
... Respondent [Cr. No.218 of 2024] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioners / Accused in Crime No.218 of 2024 on the file of the respondent police. For Petitioner : Mr. K. Sathish Kumar For Respondent : Mr. S. Balaji, Government Advocate [Criminal side]
ORDER
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The petitioners / Accused, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 294(b), 323, 324 and 307 of IPC and Section 4 of Tamil Nadu Women Harassment Act in connection with the case in Crime No.218 of 2024, seek anticipatory bail.
2. The case of the prosecution is that when the defacto complainant questioned the rash driving of the accused 1, 2 along with another accused, the petitioners along with the co-accused abused and assaulted the defacto complainant and further assaulted two other women, who came to rescue the defacto complainant.
3. Learned counsel for the petitioners would contend that the allegations against the petitioners are false; that the 1st petitioner herein, has lodged a complaint against the defacto complainant and others, which is pending investigation in Cr. No.217 of 2024, in which the defacto complainant was enlarged on bail; that as a counter case, false complaint has been lodged against the petitioners; that co-accused were 2/6
granted bail and that in any case, custodial interrogation of the petitioners is not required and hence prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions, submitted that the injured were discharged from the hospital; that coaccused were granted bail; and that a complaint filed by the 1st petitioner against the defacto complainant and others is pending investigation.
5. Considering the nature of offences, the fact that the injured were discharged from the hospital, co-accused were already granted bail, there is a case and counter case, and since the custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail 3/6
in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate (Additional Mahila), Vellore, Vellore District on condition that the petitioners shall each 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 conditions that:
[a] the petitioners 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 petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders;
[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;
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[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 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]; and [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
24.03.2025 mjs SUNDER MOHAN. J., mjs To 1.The Judicial Magistrate (Additional Mahila), Vellore, Vellore District.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Veppankuppam Police Station, Vellore District.
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