Muralidharan v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 9912 of 2025 1.
Muralidharan 2.
Parimala petitioners/A2 & A3 Vs The State Rep by, The Inspector of Police, V-6, Kolathur Police Station, Chennai District.
(Crime No.92 of 2025) Respondent Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioners/Accused on anticipatory bail in the event of arrest in Crime No. 92 of 2025 pending on the file of the respondent police.
For petitioners :
M/s.Dinesh Babu For Respondent :
Mr.S.Balaji Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 79, 296(b), 115(2) and 351(3) of the BNS in Crime No.92 of 2025, on the file of the respondent police, seeks anticipatory bail.
2.
The case of the prosecution is that the petitioners had abused 1/6
the de facto complainant's son; the petitioner/A1 had slapped him and the other accused threatened the de facto complainant and her son. 3.
The learned counsel appearing for the petitioners would submit that the petitioners are innocent; that they have been falsely implicated in this case; and in any case, custodial interrogation of the petitioner is not required and prayed for anticipatory bail to the petitioners.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and submitted that the first accused was arrested and is still in custody. 5.
Considering the aforesaid facts, the nature of the allegations, the fact that the first accused was arrested 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 petitioners with certain conditions.
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7.
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 13th Metropolitan Magistrate Court, Egmore, Chennai on condition that the petitioners 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 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 report before the respondent police everyday 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
03.04.2025 vca To:
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1.
The Inspector of Police, V-6, Kolathur Police Station, Chennai District.
2.
The 13th Metropolitan Magistrate Court, Egmore, Chennai 3.
The Public Prosecutor, Madras High Court.
SUNDER MOHAN, J.
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