Vinoth Kumar v. The State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 12502 of 2025 Vinoth Kumar Petitioner Vs The State represented by The Inspector of Police, Washermenpet Police Station, Chennai District.

(Cr.No.274 of 2025) Respondent For Petitioner:

Mr.Anbu Selvan 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.274 of 2025 on the file of the Respondent.

ORDER

The petitioner/A1, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 126, 296(b), 115(2), 118(1), 351(3) of BNS, in Crime No.274 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that on 18.04.2025, the petitioner along with other accused went to the bar, where there was a wordy quarrel with the defacto complainant, that the petitioner in an inebriated condition demanded money from the defacto complainant and when he refused, he attacked him with a beer bottle. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations are false and that the petitioner had lodged the counter case against the defacto complainant in Crime No.275 of 2025 and in any case, custodial interrogation 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 petitioner, reiterated the prosecution case and submitted that it is a case and counter case; that the injured has been discharged from the hospital; and there is one previous case against the petitioner and he is on bail in that case.

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. 6.Considering the nature of allegations; the fact that the injured has been discharged from the hospital, there is a counter case, the petitioner is on 2 / 4

bail in the previous case, 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 XV Metropolitan Magistrate, George Town, Chennai, on condition that the petitioner 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 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.

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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 24-04-2025 To

1. The Inspector of Police, Washermenpet Police Station, Chennai District.

2.The Public Prosecutor, High Court, Madras.

CRL OP No. 12502 of 2025 4 / 4