Guru v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO.9610 of 2025 Guru S/o. Babu ....Petitioner/Accused Vs The State Rep. by The Inspector of Police, Kanakammachatram Police Station Thiruvallur District (Cr. No.59 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.59 of 2025 on the file of the respondent police.

For Petitioner : Mr. D. Magesh 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), 351(3) of BNS (Sections 294, 506 of IPC) r/w 75 of Juvenile Justice (Care and Protection of Children) Act, in Crime No.59 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that, on account of previous enmity, the petitioner entered into the school premises, where the de facto complainant's son is studying, and threatened him at the knife point in the presence of the teachers. Hence the case.

3.

The learned counsel appearing for the petitioner would submit that the allegations against the petitioner are false; that since the petitioner had complained about the de facto complainant's son to the Headmaster since he had abused the petitioner's brother by using the caste name, the instant complaint was lodged; that the petitioner is a student in Jaya Institute of Technology Polytechnic at Thiruvallur; that he has no bad antecedents and that considering the aforesaid facts, custodial interrogation 2/6

of the petitioner is not required and sought for anticipatory bail to the petitioner.

4.

Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the teachers have also made a statement against the petitioner stating that he had threatened the de facto complainant's son at knife point.

5. Considering the aforesaid facts and the age of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions as custodial interrogation of the petitioner may not be required. However, the petitioner shall stay at Kanyakumari until further orders. 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, Tiruttani, 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 3/6

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 stay at Kanyakumari and report before the Inspector of police, Thuckalay Police Station, Kanyakumari, 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 Court himself as laid down by the Hon'ble Supreme Court in 4/6

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. 01.04.2025 bga 5/6

SUNDER MOHAN, J.

bga To

1. The Judicial Magistrate, Tiruttani 2.The Inspector of Police, Kanakammachatram Police Station Thiruvallur District

3. The Inspector of police, Thuckalay Police Station, Kanyakumari

4. The Public Prosecutor, High Court, Madras.

Crl.O.P. No.9610 of 2025 01.04.2025 6/6