E.Vinodh v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 10431 of 2025 E.Vinoth Petitioner(s) Vs The State Represented by, The Inspector of Police, E-4, Abiramapuram Police Station, Chennai - 600 004.
(Crime No.268 of 2023) Respondent(s) For Petitioner(s) : Mr.S.Vanchinathan For Respondent(s) : Mr.S.Balaji, Government Advocate (Criminal Side) PRAYER To enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.268 of 2023 on the file of the respondent police.
ORDER
The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 294(b), 324, 325 and 506(ii) of IPC, in Crime No.268 of 2023, on the file of the respondent Police, seeks anticipatory bail. 1 / 6
2. The case of the prosecution is that there was prior enmity between the defacto complainant and the petitioner on account of a quarrel in a pub; that at the instigation of the first accused; this petitioner along with other accused persons attacked the defacto complainant's friend one Roshini; and that another friend of the defacto complainant prevented the accused, due to which, he also sustained injuries. Hence, the case.
3. Learned counsel appearing for the petitioner would submit that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case; that the co-accused have already been granted bail by the Lower Court; and in any case, the custodial interrogation of the petitioner is not required and prayed for anticipatory bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that that the injured has been discharged from the hospital and that the petitioner has no bad antecedents.
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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 nature of the allegations, the fact that the injured has been discharged from the hospital, the petitioner has no bad antecedents 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.
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 23rd Metropolitan Magistrate, Chennai, 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 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 3 / 6
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 station daily 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].
[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 Inspector of Police, E-4, Abiramapuram Police Station, Chennai - 600 004.
2. The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
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