Kavitha v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 11900 of 2025 1.Kavitha 2.Karthick Petitioner(s) Vs The State Represented by, The Inspector of Police, R-6 Kumaran Nagar Police Station, Chennai District.
(Crime No.93 of 2025) Respondent(s) For Petitioner(s) : Mr.V.G.Nishok 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.93 of 2025 on the file of the Respondent.
ORDER
The petitioners/A2 & A4, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 296(b), 126(2), 115(2), 118(1), 309(4), 311, 351(3) of BNS, in Crime No.93 of 2025, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the defacto complainant's wife regarding a prior dispute after 1 / 4
which the petitioners along with other accused, abused and attacked the defacto complainant with a knife and caused injuries to him.
3. Learned counsel appearing for the petitioners would submit that the allegations are false; that the petitioners had been falsely implicated in this case; that the main accused/A1 has been arrested and in any case, the custodial interrogation of the petitioners is not required and sought for anticipatory bail.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and confirms the fact that the main accused was arrested and he is still in cutody; that the injured has been discharged from the hospital and that the petitioners have 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.
6. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsel on either side, the fact that the injured has been discharged from the hospital, the main accused was arrested and the petitioners have no bad antecedents and since, custodial interrogation is 2 / 4
not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
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 XXIII Metropolitan Magistrate, Saidapet, Chennai, 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 respondent Police daily at 10.30 a.m, until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial; SUNDER MONHAN, J.
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drl [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 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 22-04-2025 To
1. The Inspector of Police, R-6 Kumaran Nagar Police Station, Chennai District.
2. The Public Prosecutor, High Court, Madras.
CRL OP No. 11900 of 2025 4 / 4