Vimala v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

1. Vimala W/o. Kumar, D.No.079g, Jakkappan Nagar, 8th Cross, Krishnagiri, Tamil Nadu 635 001.

Petitioner(s) Vs

1. The State Rep By The Inspector Of Police Town Police Station, Krishnagiri District. Crime No 136/2025.

Respondent(s) PRAYER To grant Anticipatory Bail to the petitioner in the event of arrest in Crime No. 136 of 2025 by the Respondent Police and pass such other orders deems fit and proper for the circumstances of the case and thus render justice. For Petitioner(s):

K Prabhu For Respondent(s):

Public Prosecutor

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 196(1),132, 352 and 353(1)(3) of the BNS,2023 r/w Section 4 of the TNOPPD Act in Crime No.135 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that the petitioner, along with the others, assembled unlawfully and affixed posters containing derogatory remarks about the Chief Minster of Tamil Nadu in the TASMAC shop and raised slogans against the Chief Minister and thus committed the aforesaid offences. 3.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent; that he undertook not to protest in such a manner; and in any case, custodial interrogation of the petitioner is not required and sought anticipatory bail.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case.

5.

In view of the above said submissions, considering the nature of the allegations, the undertaking of the petitioner, this Court is of the view that custodial interrogation of the petitioner is not required. Hence, this Court is

inclined to grant anticipatory bail to the petitioner subject to the following 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Krishnagiri 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 said Magistrate, 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 everyday at 10:30 a.m., until further orders.

SUNDER MOHAN J.

vca [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].

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

01-04-2025 vca To:

The Inspector Of Police Town Police Station, Krishnagiri District.