Sakthivel v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.05.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL.O.P.No.14603 of 2025
1. Sakthivel
2. Ajith
3. Aravindh ... Petitioners
Versus
The State rep by, The Inspector of Police, Ramanatham Police Station, Cuddalore District.
(Crime No.57 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.57 of 2025 on the file of the respondent police.
For Petitioners : Mr.Radha Pandian 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 Sections 296(b), 115(2), 118(1), 351(2) of BNS Act and Section 4 of Tamil Nadu Women Harassment, in Crime No.57 of 2025, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that, due to previous enmity, petitioners abused the defacto complainant in filthy language and also threatened with dire consequences. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that due to previous enmity, petitioners abused the defacto complainant in filthy language and also threatened with dire consequences. Hence, he opposed to grant anticipatory bail to the petitioner. 2/6
5.Taking into consideration the facts and circumstances of the case and also considering the submissions made on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. 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, Thittakudi 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; 3/6
[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 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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To
1. The learned Judicial Magistrate, Thittakudi
2. The Inspector of Police, Ramanatham Police Station, Cuddalore District.
3. The Public Prosecutor, High Court of Madras.
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L.VICTORIA GOWRI, J.
Sma 08.05.2025 6/6