Velu v. State, Represented 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. 9942 of 2025 1.
Velu Saritha Jeevarathinam petitioners/A1 to A3 Vs The State Rep by, The Inspector of Police, Anakkavoor Police Station, Tiruvannamalai District.
(Crime No.113 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. 113 of 2025 pending on the file of the respondent police.
For petitioners :
M/s.K Rahul 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 296(b), 1/6
133, 118(1) and 351(2) of the BNS Act, 2023 in Crime No.113 of 2025, on the file of the respondent police, seek anticipatory bail. The case of the prosecution is that on account of previous enmity, the petitioners along with the other accused assaulted the de facto complainant with a knife and a wooden log, abused and threatened him of dire consequences.
The learned counsel appearing for the petitioners submitted that the petitioners are innocent; that they have been falsely implicated in this case; that the injured was discharged from the hospital 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 injured was discharged from the hospital, there is a counter case and the third petitioner is not a named accused in the FIR. 2/6
5.
As regards the third petitioner, as he is not a named accused in the FIR, his petition is closed.
6.
Taking note of the facts and circumstances of the case, the nature of the allegations, the injured has been discharged from the hopsital, there is a counter case and since custodial interrogation of the petitioners is not required, this Court is inclined to grant anticipatory bail to the first and the second petitioners with certain conditions. 6.
Accordingly, the first and second 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 learned Judicial Magistrate, Cheyyar 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: 3/6
[a] the first and second 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 first petitioner shall report before the respondent police everyday at 10:30 a.m., until further orders and the second petitioner shall report before the respondent police as and when required.
[c] the first and second petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the first and second petitioners 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 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].
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
.
03.04.2025 vca SUNDER MOHAN, J.
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vca To:
1.
The Inspector of Police, Anakkavoor Police Station, Tiruvannamalai District.
The Judicial Magistrate, Cheyyar.
The Public Prosecutor, Madras High Court.
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