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Madras High CourtCRL OP/10476/2025granted

M Loganathan v. The State Rep By The Inspector Of Police

2025-04-08Honourable Mr.Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 10476 of 2025 1.M.Loganathan 2.V.Premkumar Petitioner(s) Vs The State Represented by, The Inspector of Police, All Women Police Station, Arani, Thiruvannamalai District.

(Cr.No.10 of 2025) Respondent(s) For Petitioner(s):

Mr.K.Karthikeyan For Respondent(s): Mr.S.Balaji, Government Advocate (Criminal Side) PRAYER To enlarge the petitioners on anticipatory bail in the event of their arrest by the respondent in Crime No.10 of 2025 on the file of the Respondent.

ORDER

The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 75, 351(2) of BNS, in Crime No.10 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1 / 4

2. The case of the prosecution is that the petitioners, who are the Supervisor and the Manager of the Sumeet Facilities Limited engaged for cooking purposes by the Government in Arani Government Hospital. The defacto complainant, who is a Assistant cook, is also working in a same company; and that the petitioners had given harassment to the defacto complainant and other employees by not paying the salary and also by giving reduced salary and when the same was questioned, the defacto complainant was threatened with dire consequences.

3. Learned counsel appearing for the petitioners would submit that the allegations are false; that the defacto complainant are also dismissed from service, and in any case, the custodial interrogation of the petitioners are not required and prayed for anticipatory bail to the petitioners. 4.Learned Government Advocate (Crl. Side) appearing for the respondent Police reiterated the prosecution case and on instructions submitted that the petitioners has no bad antecedents.

5. Heard the learned counsel for the petitioners, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record. 2 / 4

6. Considering the above facts and circumstances of the case, nature of allegations; the fact that the petitioners has no bad antecedents; and since the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners.

7. Accordingly, the 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 on which the order copy made ready, before the learned Judicial Magistrate Court, Arani on condition that the petitioners shall execute a separate 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 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 petitioners shall report before the 3 / 4

SUNDER MOHAN, J.

drl respondent Police twice in a week, at 10.30 a.m., until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the 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 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.

drl 08-04-2025 To

1. The Inspector of Police, All Women Police Station, Arani, Thiruvannamalai District.

2.The Public Prosecutor, High Court, Madras. CRL OP No. 10476 of 2025 4 / 4