Rathish v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN Rathish Petitioner Vs The State Rep By The Inspector of Police Sholavaram Police Station, Thiruvallur District.

(Crime No.199 of 2025) Respondent Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner/Accused on anticipatory bail in the event of arrest in Crime No. 199 of 2025 pending on the file of the respondent police.

For Petitioner :

Mr.Vinoth R For Respondent :

Mr.S.Balaji, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of the BNS Act, in Crime No.199 of 2025, on the file of the respondent police, seeks anticipatory bail.

1/6

2.

The case of the prosecution is that the petitioner and his son attempted to take photographs of the de facto complainant, that when the de facto complainant questioned them, a wordy quarrel arouse between them, as a result of which the petitioner and his son assaulted the de facto complainant with a stick and abused him in filthy language. 3.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent; that he has been falsely implicated in this case; that the co-accused was arrested and released on bail; that the petitioner has no bad antecedents and prayed for anticipatory bail to the petitioner.

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 and on instructions submitted that the petitioner has no bad antecedents and the injured has been discharged from the hospital.

2/6

5.

Taking note of the facts and circumstances of the case, the nature of the allegations, submissions made by the learned counsels on either side, the injured has been discharged from the hospital, the petitioner has no bad antecedents, the co-accused was arrested and released on bail and since, custodial interrogation 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.II, Ponneri on condition that the petitioner shall 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, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

3/6

[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.

[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].

4/6

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

02.04.2025 vca To:

1.

The Inspector of Police Sholavaram Police Station, Thiruvallur District.

2.

The Judicial Magistrate No.II, Ponneri 3.

The Public Prosecutor, High Court Madras.

SUNDER MOHAN, J.

vca 5/6

02.04.2025 6/6