Hari Prakash v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.10783 of 2025 1.Hari Prakash 2.R.Udhayakumar 3.Mahesh @ Mahesh Kumar .. Petitioners Vs.
The State rep by The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District.
(Crime No.210 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.210 of 2025 on the file of the respondent Police. For Petitioner : M/s.S.N.Arunkumar For Respondent : Mr.S.Balaji Government Advocate(Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent Page No.1 of 7
police for the offences punishable under Section 191(2), 296(b), 115(2), 118(2) and 351(2) of BNS Act 2023 in Crime No.210 of 2025, seeks anticipatory bail.
2.
The case of the prosecution is that when the defaco complainant went to visit his relatives at the Hospital, the petitioners assaulted the defacto complainant and abused him in filthy language. 3.
The learned counsel for the petitioners would submit that the first petitioner also lodged a complaint against the defacto complainant and the same was registered in Crime No.209 of 2025 and in order to counter that, the present complaint has been lodged by the defacto complainant and that the injured has been discharged from the hospital and that in any case, custodial interrogation is not required and sought 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 Page No.2 of 7
petitioners, reiterated the prosecution case and confirms that on the complaint given by the petitioners, a case has been registered and the case is investigated as case and counter by the respondent. 5.
Considering that there is a counter case, injured has been discharged from the hospital and since, custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.
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 is made ready, before the learned Judicial Magistrate No.V, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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: Page No.3 of 7
[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 petitioners shall report before the respondent police 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 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
09.04.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 7
To 1.The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District.
2.The learned Judicial Magistrate No.V, Coimbatore.
3.The Public Prosecutor, Madras High Court, Chennai.
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SUNDER MOHAN , J.
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