Akash 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.14550 of 2025

1. Akash

2. Lokesh @ Lokesh Kumar ... Petitioners

Versus

The State rep by, The Inspector of Police, Veppankuppam Police Station, Veppamkuppam, Vellore District.

(Crime No.131 of 2025) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, to enlarge the petitioners on anticipatory bail in the event of his arrest by the respondent police pending investigation in Crime No.131 of 2025 on the file of the respondent police.

For Petitioners : Mr.G.Vinodh Kumar For Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side) 1/6

O R D E R

The petitioners, apprehend arrest for the alleged offences under Section 296(b), 332(C), 75, 78 of BNS read with Section 4 of Tamil Nadu Prohibition of Harassment of Women ( Amendment) Act, 2025, in Crime No.131 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners were found in possession of 6 litres of ID arrack. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution. He would also submit that they have been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioners.

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4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioners were found in illegal possession of 6 litres of ID arrack. Hence, he opposed for grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only)jointly as non-refundable deposit, to the credit of the RAY OF LIGHT FOUNDATION; A/c No:50100078904233; IFSC code: HDFC0001864; Branch: Habibullah Road, T Nagar, Chennai without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

7. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 3/6

8. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the Judicial Magistrate No.I, Vellore 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 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 ensure their identity;

[b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for further interrogation; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the 4/6

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 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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L.VICTORIA GOWRI, J.

Sma To

1. Judicial Magistrate No.I, Vellore.

2. The Inspector of Police, Veppankuppam Police Station, Veppamkuppam, Vellore District.

3. The Public Prosecutor, High Court of Madras.

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