Prabhu v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.12254 of 2025 1.Prabhu 2.Muthu @ Esakkimuthu 3.S.Ajay 4.Vinothprabhu 5.Devendran .. Petitioners/Accused Nos.1 to 5 Vs.

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

(Crime No.213 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.213 of 2025 on the file of the respondent Police. For Petitioners : Mr.M.Rajaskar 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 Sections 126(2), 191(2), 296(b), 115(2), 118(1), 351(3) of the BNS Act, in Crime No.213 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 14.04.2025, the petitioners waylaid the defacto complainant, abused, attacked with hands and caused injuries to him. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons; that they have been falsely implicated in this case and since custodial interrogation of the petitioners are not required for the purpose of investigation, he sought for grant of 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 6

petitioners, reiterated the prosecution case and on instructions submitted that the injured has been discharged from the hospital; and that there is a case and counter case; that there are five previous cases as against the first petitioner and that there are two previous cases as against the second petitioner.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.

6. Considering the submissions made on either side the nature of the allegation, the fact that injured was discharged from hospital, that there is a case and counter case, and since custodial interrogation of the petitioners, is not required for 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 Page No.3 of 6

from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Central, Tirupur District, on condition that the petitioners shall execute a 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 said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners shall report before the respondent police every day at 10:30 a.m., until further orders; [b] the petitioners shall not tamper with evidence or witness either during investigation or trial; [c] the petitioners shall not abscond either during investigation or trial.

[d] 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];

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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

gbi 23.04.2025 Index : Yes / No Internet : Yes / No To 1.The Inspector of Police, Central Police Station, Tiruppur Tiruppur District.

2.The Judicial Magistrate, Central, Tirupur District 3.The Public Prosecutor, Madras High Court, Chennai.

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SUNDER MOHAN , J.

gbi Crl.O.P.No.12254 of 2025 23.04.2025 Page No.6 of 6