Duraisamy v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 13361 of 2025 Duraisamy Petitioner(s) Vs The State Represented by, The Inspector of Police, Kangayam Police Station, Tiruppur District.
(Crime No.248 of 2025) Respondent(s) For Petitioner(s) : Mr.K.Govi Ganesan 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.248 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 296(b), 115(2) & 351(2) of BNS and read with Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002 in Crime No.248 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1 / 5
2. The case of the prosecution is that due to a property dispute, on 18.04.2025 at 9.30 p.m, the petitioner along with other accused, locked the door of the defacto complainant's house, abused her in filthy language, attacked her with their hands and threatened her with dire consequences. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, and he has been implicated in this case; that the co-accused/A3 was granted bail by this Court and 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 on instructions submitted that the main accused/A2 was arrested and he is still in custody and the co-accused/A3 was granted bail and that the petitioner has no bad antecedents.
5. Heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the 2 / 5
materials available on record.
6.Considering the nature of allegations; the fact that main accused was arrested and he is still in custody, and the petitioner has no bad antecedents 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 Judicial Magistrate Court, Kangeyam, 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 3 / 5
Police daily at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; SUNDER MOHAN J.
drl [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 29-04-2025 To
1. The Inspector of Police, 4 / 5
Kangayam Police Station, Tiruppur District.
2. The Public Prosecutor, High Court, Madras.
CRL OP No. 13361 of 2025 5 / 5