A .Aathi v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 10092 of 2025 A.Aathi Petitioner(s) Vs The State Represented by, Inspector of Police, Korrukkupettai Railway Police Station, Meenambal Nagar, Korrukkupettai, Chennai - 600021.
(Crime No.159 of 2022) Respondent(s) For Petitioner(s) : Mr.R.Varadharajan For Respondent(s) : Mr.S.Balaji, Government Advocate (Criminal Side) PRAYER To enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent in Crime No.159 of 2022 on the file of the Respondent.
ORDER
The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 294(b), 506(ii) of IPC and r/w 152, 153 of Indian Railway Act, in Crime No.159 of 2022, on the file of the respondent Police, seeks anticipatory bail.
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2. The case of the prosecution is that the Railway Police Force constable received a whatsapp video showing that the petitioner along with other accused travelled on the train and brandished the knife(patta kathi) at the passers by in the Railway Platform and thus the petitioner committed the aforesaid offence.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case; that the incident had happened in the year 2022; and in any case, the custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that the the petitioner has no bad antecedents.
5. Heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.
6. Considering the aforesaid facts, the fact that the occurrence took place in the year 2022; and the petitioner has no bad antecedents; and since the custodial interrogation of the petitioner is not required for the purpose of investigation. 2 / 4
Therefore, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
7. 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 Court 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, 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 daily at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; 3 / 4
SUNDER MOHAN J.
drl [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.
drl 04-04-2025 To
1. The Inspector of Police, Korrukkupettai Railway Police Station, Meenambal Nagar, Korrukkupettai, Chennai - 600021.
2. The Public Prosecutor, High Court, Madras.
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