Sampathkumar v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.11785 of 2025 1.Sampath Kumar 2.Muthusamy 3.Kanagavalli .. Petitioners Vs.

The State rep by The Inspector of Police, Gudimangalam Police Station, Tiruppur District.

(Crime No.87 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in Crime No.87 of 2025 on the file of the respondent Police. For Petitioners : Mr.M.N.Balakrishnan For Respondent : Mr.S.Balaji Government Advocate(Crl.Side) Page No.1 of 6

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 296(b), 115(2), 118(1), 351(3) of BNS r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.87 of 2025, seeks anticipatory bail. 2.

The case of the prosecution is the petitioners assaulted the defacto complainant and abused her in filthy language. 3.

The learned counsel appearing for the petitioners submitted that the allegations are false; 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 petitioners, reiterated the prosecution case and on instructions submitted that the injured has been discharged from the hospital; that the petitioners Page No.2 of 6

have no bad antecedents.

5.

Considering the nature of allegations, the fact that the injured has been discharged from the hospital, the petitioners have no bad antecedents 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.II, Udumalpet on condition that the petitioners shall execute a separate 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 6

[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 first petitioner shall report before the respondent police daily at 10.30 a.m., until further orders and the petitioners 2 and 3 shall report before the respondent police as and when required for interrogation.

[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 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.

22.04.2025 Index : Yes / No Internet : Yes / No rkp Page No.4 of 6

To 1.The Inspector of Police, Gudimangalam Police Station, Tiruppur District.

2.The learned Judicial Magistrate No.II, Udumalpet.

3.The Public Prosecutor, Madras High Court, Chennai.

Page No.5 of 6

SUNDER MOHAN , J.

rkp Crl.O.P.No.11785 of 2025 22.04.2025 Page No.6 of 6