Sundaram v. State Rep.By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO.8736 of 2025 Sundaram S/o. Kuppusamy ....Petitioner/Single Accused Vs The State Rep. by The Inspector of Police, Arakkonam Taluk Police Station, Ranipet District.

(Crime No.110 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 by the respondent police in Crime No.110 of 2025 on the file of the respondent police.

For Petitioner : Mr. D. Dayalan 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), 115(2), 118(1), 351(3) of BNS, 2023 (294(b), 323, 324, 506(ii) of IPC) and Section 4 of the Tamil Nadu Prohibition of Harassment of woman (Amendment) Act, 2002, in Crime No.110 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that, on 01.03.2025, the petitioner, during a quarrel over the non performance of temple work by the de facto complainant, had abused the defacto complainant in filthy language and also caused hurt and harassed her. Hence, the case. 3.

The learned counsel appearing for the petitioner would submit that the allegations against the petitioner are false; that the petitioner is the father-in-law of the de facto complainant; that due to previous enmity between the petitioner and the de facto complainant's family, a false case has been lodged; and that the petitioner is ready to abide by any condition 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 injured has been discharged from the hospital; that the petitioner has no previous case and that the investigation is pending.

5. Taking note of the facts and circumstances of the case, considering, the nature of allegations against the petitioner, submissions made by the learned counsels on either side, the fact that the injured has been discharged from the hospital and that the petitioner has no previous case, 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 made ready, before the learned Judicial Magistrate No.I, Arakkonam, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand 3/6

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 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 report before the respondent police daily 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 4/6

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 abscond, a fresh FIR can be registered under Section 269 of B.N.S. 26.03.2025 bga 5/6

SUNDER MOHAN, J.

bga To

1. The Judicial Magistrate No.I, Arakkonam

2. The Inspector of Police, Arakkonam Taluk Police Station, Ranipet District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P. No.8736 of 2025 26.03.2025 6/6