Chandra v. The State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.12198 of 2025 1.Chandra 2.Panner .. Petitioners Vs.

The State rep by The Inspector of Police, Thimmampettai Police Station.

(Crime No.34 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.34of 2025 on the file of the Inspector of Police, Thimmampettai Police Station, Thirupattur.

For Petitioners : Mr. Rahul For Respondent : Mr.S.Balaji Government Advocate(Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 296(b), 115(2), 351(3), 189(2), 74 of B.N.S r/w Section 4 of Tamilnadu Prohibition of Harassment of Women Act in Crime No.34 of 2025, seeks anticipatory bail. Page No.1 of 4

2.

The case of the prosecution is that 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; 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. 5.

Considering the nature of allegations, the fact that the 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 thier appearance, within a period of fifteen days Page No.2 of 4

from the date on which the order copy is made ready, before the Judicial Magistrate, Thirupattur 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: [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;

[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 Page No.3 of 4

SUNDER MOHAN , J.

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.

23.04.2025 Index : Yes / No Internet : Yes / No rkp To 1.The Inspector of Police, Thimmampettai Police Station.

Thirupattur District.

2.The Judicial Magistrate, Thirupattur.

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

Crl.O.P.No.12198 of 2025 Page No.4 of 4