Akilan v. The State Of Tamil Nadu,Through The,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.03.2025

CORAM:

THE HON`BLE MR.JUSTICE SUNDER MOHAN

1. Akilan S/o. Ramalingam

2. Anusiya D/o. Kaliyasundaram ... Petitioners / Accused 1 and 2 Vs State rep. by:- The Inspector of Police, Palladam Police Station, Tiruppur District.

... Respondent [Cr. No.297 of 2025] 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.297 of 2025 on the file of the respondent police. For Petitioner : Mr. Deepan Uday For Respondent : Mr. S. Balaji, Government Advocate [Criminal side]

ORDER

1/6

The petitioners / Accused, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 296(b), 115(2) and 351(3) of B.N.S. and Section 4 of Tamil Nadu Women Harassment Act in connection with the case in Crime No.297 of 2025, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity with regard to some financial transactions, the petitioners abused the defacto complainant, assaulted and threatened the defacto complainant.

3. Learned counsel for the petitioners would contend that the allegations against the petitioners are false; that in fact, during the occurrence, the defacto complainant attacked the 2nd petitioner herein using fruit mixer jar, thereby, the latter sustained injuries; that a counter case against the defacto complainant and others is pending investigation in Cr. No.298 of 2025; and that in any case, custodial interrogation of the petitioners is not required and hence prayed to grant anticipatory bail to the petitioners.

2/6

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; and that a complaint filed by the petitioners against the defacto complainant and others is pending investigation in Cr. No.298 of 2025.

5. Considering the nature of offences, the fact that the injured were discharged from the hospital, 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 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 No.4, Tiruppur on condition that the petitioners 3/6

shall each execute a separate 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 1st petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders and the 2nd petitioner shall appear before the respondent police as and when required for interrogation;

[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 4/6

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 To 1.The Judicial Magistrate No.4, Tiruppur.

2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Palladam Police Station, Tiruppur District. SUNDER MOHAN. J., mjs 5/6

24.03.2025 6/6