Muthuvel v. The State Rep. By The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL.O.P.No.14450 of 2025 Muthuvel ... Petitioner

Versus

The State rep by, The Station House Officer, Villupuram AWPS.

(Crime No.14 of 2015) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police in connection with S.C.No.238 of 2018. For Petitioner : Mr.S.Saravana Kumar For Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side) 1/6

O R D E R

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 417 and 376 of IPC in S.C.No.238 of 2018, on the file of the Session Judge, Magalir Neethi Mandram ( Fast Track Mahila Court, Villupuram), seek anticipatory bail.

2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in S.C.No.238 of 2018 on the file of the Session Judge, Magalir Neethi Mandram ( Fast Track Mahila Court, Villupuram). Since, the petitioner did not appear before the Court, Non Bailable Warrant was issued against him. He further submitted that there is no intention for the petitioner to drag on the proceedings and the petitioner was not aware the Court proceedings. He further submitted that, petitioner is ready to abide by any stringent conditions that may be imposed by this Court and further, he also undertakes that petitioner will appear before the trial Court on all hearing dates without fail, therefore, he prayed for grant of anticipatory bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the case is pending from the year 2018 and due 2/6

to the absence of the petitioner, there is a delay in disposing the case. Hence, he opposed for grant of anticipatory bail to the petitioner.

4. Taking into consideration the facts and submissions made by both side counsels and the undertaking given by the learned counsel for the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the Session Judge, Magalir Neethi Mandram ( Fast Track Mahila Court), Villupuram 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 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 3/6

ensure their identity;

[b] the petitioner shall report before the Trial Court on every working day at 10.30 a.m., for a period of one month and thereafter, as and when required for further interrogation; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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.

08.05.2025 sma/anu 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 the official website of this Court will be watermarked and will also have a QR code.

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To

1. Session Judge, Magalir Neethi Mandram ( Fast Track Mahila Court), Villupuram.

2. The Station House Officer, Villupuram AWPS.

3. The Public Prosecutor, High Court of Madras.

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L.VICTORIA GOWRI, J.

Sma 08.05.2025 6/6