Prasanna v. The State Rep By 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. 12032 of 2025 Prasanna Petitioner(s) Vs The State Represented by, The Inspector of Police, J-4 Kotturpuram Police Station, Chennai.

(Crime No.81 of 2025) Respondent(s) For Petitioner(s) : Mr.R.Vinoth For Respondent(s) : Mr.S.Balaji, Government Advocate (Criminal Side) PRAYER To enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent in Crime No.81 of 2025 on the file of the Respondent.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 281, 121(1), 351(3) of BNS, in Crime No.81 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1 / 4

2. The case of the prosecution is that on 22.02.2025, when the police officials were conducting a vehicle check, they found the petitioner driving the vehicle in an inebriated condition and in a rash and negligent manner and caused injuries to the defacto complainant. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations are false; that the petitioner was arrested and released on bail in connection with Cr.No.92 of 2005; that he was not arrested in this case; and that in any case, the custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioner.

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 petitioner was earlier arrested on 28.02.2025 and was released on bail on 20.04.2025 in another case; and that there are three previous cases against the petitioner, under NDPS Act, and he is on bail in those cases.

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

2 / 4

6.Considering the aforesaid facts, nature of allegations and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned IX Metropolitan Magistrate, Saidapet, Chennai, 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:

[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 petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders. 3 / 4

SUNDER MOHAN J.

drl [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 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 22-04-2025 To

1. The Inspector of Police, J-4 Kotturpuram Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

CRL OP No. 12032 of 2025 4 / 4