Vinoth Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL.O.P.No.14472 of 2025 Vinoth Kumar ... Petitioner

Versus

The State Rep by its The Inspector of Police, H-5 New Washermanpet Police Station, Chennai.

(Crime No. 693 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.693 of 2025 on the file of the respondent Police. For Petitioner :

Mr.V.Karthick For Respondent :

Dr.C.E.Pratap Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 191(2), 296(b), 127(2), 75, 308(2), 212, 1/6

351(2) of BNS and Section 4 of TNPHW Act in Crime No.693 of 2025, seeks anticipatory bail.

2.

The case of the prosecution is that, due to a money dispute, the petitioner threatened and abused the defacto complainant and demanded money. 3.

The Learned counsel appearing for the petitioner submitted that the allegations are false. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court. Hence, he prays for grant of anticipatory bail to the petitioner.

4.

Learned Government Advocate (Crl. Side) appearing for the respondent police, reiterated the prosecution case and opposed the grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

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6.

Considering the nature of allegations, submissions made by the learned counsel on either side, and all others factors, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 7.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the XV Metropolitan Magistrate, George Town, Chennai, on condition that the petitioners 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 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 everyday at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either during 3/6

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 B.N.S.

08.05.2025 dpa/skr Note:

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in official website of this court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this court will be watermarked and will also have a QR code. 4/6

To 1.The Inspector of Police, H-5 New Washermanpet Police Station, Chennai.

2.The learned XV Metropolitan Magistrate, George Town, Chennai 3.The Public Prosecutor, High Court, Madras.

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L.VICTORIA GOWRI, J.

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