C.K.Perumal v. State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO.10465 of 2025 C.K. Perumal S/o. Kannan ....Petitioner/Accused-10 Vs State represented by The Inspector of Police, Kilpennathur Police Station Thiruvannamalai District.

Crime No.27 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.27 of 2025 on the file of the respondent police For Petitioner : Mr. S.N. Arun Kumar 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 115(2), 103 of BNS, 2023 @ 61(2), 296(b), 115(2), 103(1) BNS @ 61(2), 296(b), 115(2), 103(1) BNS, 2(13) & 249 a BNS (Under Sections 404, 120B, 294(b), 302 of IPC), in Crime No.27 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that the petitioner is a practicing lawyer; that the had harboured the accused in the murder case and provided them shelter and prevented the police from arresting the accused; that thereafter he had taken the accused for surrender and during the vehicle check up, the accused were apprehended by the police. 3.

The learned counsel appearing for the petitioner would submit that the petitioner had only taken the accused for surrender; that he was doing his professional duty and that in any case considering the nature of allegations, custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioner. 2/6

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner had provided shelter to the accused and also taken them for surrender and in the meanwhile the accused were arrested.

5. Considering, the nature of allegations against the petitioner and the fact that the accused involved in the murder case were arrested while the petitioner was on his way to the court for surrendering the accused, this Court is of the view that custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, 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 Court, Kilpennathur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 3/6

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 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 4/6

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 abscond, a fresh FIR can be registered under Section 269 of B.N.S. 16.04.2025 bga To

1. The Judicial Magistrate Court, Kilpennathur

2. The Inspector of Police, Kilpennathur Police Station Thiruvannamalai District,

3. The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

bga Crl.O.P. No.10465 of 2025 16.04.2025 6/6