Logeshwaran v. The State Rep.By, The Sub 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. 9898 of 2025 Logeshwaran Petitioner/A4 Vs The State Rep by, The Sub-Inspector of Police, North Beach Police Station, Flower Bazar, Chennai.
(Crime No.122 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. 122 of 2025 pending on the file of the respondent police.
For petitioner :
M/s.Thamaraiselvan 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), 115(2), 118(1) and 351(3) of the BNS in Crime No.122 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.
The case of the prosecution is that due to a wordy quarrel, 1/6
the petitioner assaulted the de facto complainant with a wooden log 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 injured has been discharged from the hospital 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 submitted that the injured has been discharged from the hospital and the petitioner has one previous case.
5.
Considering the aforesaid facts, the nature of the allegations, the fact that the injured was discharged from the hospital, the petitioner is on bail in the previous case, 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. 2/6
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 VII Metropolitan Magistrate Court, George Town 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.
[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 3/6
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.
.
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To:
1.
The Sub-Inspector of Police, North Beach Police Station, Flower Bazar, Chennai.
2.
The VII Metropolitan Magistrate Court, George Town.
3.
The Public Prosecutor, Madras High Court.
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SUNDER MOHAN, J.
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