← Library
Madras High CourtCRL OP/14886/2025granted

M.Dinesh v. The State Represented By Its, The Inspector Of Police,

2025-06-23Honourable Mr Justice G.K. Ilanthiraiyan5 pages

CRL OP NO. 14886 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP NO. 14886 of 2025 M.Dinesh Son of Muruganantham, Residing at 2/562 Post Man Street, Pudumavilangai Post, Thiruvallur.

Petitioner(s) Vs The State represented by its, The Inspector of Police, B6 Mappedu Police Station, Thiruvallur.

(Crime No. 100 of 2025) Respondent(s) 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.100 of 2025 on the file of the respondent police. For Petitioner(s):

Mr.J Kirthick Rishi For Respondent(s):

Mr.R.Vinothraja Government Advocate (Criminal side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 296 (b), 118 (1) and 109 of B.N.S., 2023 in Crime No.100 of 2025, seeks anticipatory bail.

2.The case of the prosecution is that, on 04.05.2025 at about 5 p.m. when the defactocomplainant's husband participated in a funeral procession, the petitioner along with other accused allegedly abused the former and his companion and attempted to murder defactocomplainant's husband with a knife object hidden with them. During the alleged assault, the defacto-complainant's husband sustained injuries. Hence the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that injured has been discharged from hospital. However, he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Considering the above fact and circumstances of the case, the fact that injured has been discharged from hospital and since custodial interrogation of the petitioner is not required,

this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.II, Thiruvallur, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m. for a period of fifteen days; thereafter as and when required for interrogation; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner 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 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 229A IPC.

23-06-2025 ep To

1. The State represented by its, The Inspector of Police, B6 Mappedu Police Station, Thiruvallur.

(Crime No. 100 of 2025) G.K.ILANTHIRAIYAN, J.

ep

CRL OP NO. 14886 of 2025 23-06-2025