Murali @ Murali Kumar v. State Rep.By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2025
CORAM
THE HONOURABLE MR. JUSTICE N. SENTHIL KUMAR CRL OP NO.14857 of 2025
1. Murali @ Murali Kumar
2. Barkathullah
3. Ameer Jahn @ Ameer Basha ... Petitioner(s)/ A4 to A6 Vs State rep. by, The Inspector of Police, Berigai Police Station, Krishnagiri District.
(Crime No.154 of 2025). ... Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on anticipatory bail in the event of their arrest by the respondent police concerned in Crime No.154 of 2025, on the file of the respondent police. For Petitioner(s) : Mr. J. Pradeep For Respondent(s) : Mr. A. Gopinath, Government Advocate (Crl. Side) ****** 1/6
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 132, 308(2), 351(2) of BNS in Crime No.154 of 2025, on the file of the respondent police, seek anticipatory bail.
2.
The case of the prosecution is that the defacto complainant is working as an Assistant Engineer with TNEB and on 29.04.2025, the petitioners along with other accused persons came to the work site of the defacto complainant and obstructed the construction of a 110 KV high voltage tower; that further they abused the workers and unlawfully took possession of a Government-owned logistics vehicle. Hence, this case. 3.
The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case; that the petitioners had never committed any offence as alleged by the prosecution; and that the petitioners are ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, 2/6
and sought for anticipatory bail to the petitioners. 4.
The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that there are totally 7 accused in this case and the petitioners herein are arrayed as A4 to A6; and that the investigation is pending, hence opposed the grant of anticipatory bail to the petitioners. 5.
Taking note of the facts and circumstances of the case, the nature of allegation against the petitioners, submissions made by the learned counsels on either side and since custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Hosur on condition that the petitioners shall execute a separate 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 3/6
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 petitioners 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 petitioners shall report before the respondent police everyday at 10:30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners 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 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 4/6
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 21.05.2025 stn/ nsl 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.
To
1. The Judicial Magistrate-I, Hosur.
2. The Inspector of Police, Berigai Police Station, Krishnagiri District.
(Crime No.154 of 2025).
N. SENTHILKUMAR, J.
stn/ nsl 5/6
3. The Public Prosecutor, High Court of Madras.
Crl.O.P. No.14857 of 2025 21.05.2025 6/6