Arun v. The 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 O.P NO.10086 of 2025 Arun S/o. Ravi ....Petitioner/Accused Vs The State represented by The Inspector of Police, P-1 Pulianthope Police Station, Chennai (Crime No. 132 of 2025) ....Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.132 of 2025, on the file of the respondent police.

For Petitioner : Mr. A. Krishnamurthy For Respondent : Mr. S. Balaji Government Advocate (Crl. Side) 1/6

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), 351(3) of BNS and Section 4 of the TNPHW Act, in Crime No.132 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that, the petitioner assaulted the child of the de facto complainant and that when that was questioned by the de facto complainant, the petitioner and the second accused abused the de facto complainant in filthy language and attacked her, in which she sustained injuries. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent; that the petitioner was not involved in the said offence and that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and prayed for anticipatory bail to the petitioner.

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4. Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has no bad antecedent; that the injured has been discharged from the hospital; the second accused was arrested and released on bail; and that the investigation is pending.

5. Considering, the nature of allegations, the fact that the petitioner has no bad antecedents; that the second accused was arrested and released on bail and that the injured has been discharged from the hospital, 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 petitioner with certain conditions.

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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 X Metropolitan Magistrate, Egmore, Chennai-8, 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 3/6

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 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S. 04.04.2025 bga To

1. The X Metropolitan Magistrate, Egmore, Chennai-8

2. The Inspector of Police, P-1 Pulianthope Police Station, Chennai

3. The Public Prosecutor, High Court, Madras. 5/6

SUNDER MOHAN, J.

bga Crl.O.P. No.10086 of 2025 04.04.2025 6/6