Chinnadurai v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-05-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. Chinnadurai S/o.Kanthasamy, Kollapadi Village, Kunnam Taluk, Perambalur District

2. Selvam @ Selvarasu S/o.Kanthasamy, Kollapadi Village, Kunnam Taluk, Perambalur District Petitioner(s) Vs The State Rep By Its The Inspector of Police, Kunnam Police Station, Perambalur District.

Crime No. 144 of 2025.

Respondent(s) PRAYER To enlarge the petitioners on Anticipatory bail in the event of their arrest in Cr.No.144 of 2025 on the file of the Respondent police.

For Petitioner(s):

Mr. G. Ilamurugu For Respondent(s):

Mr. V. Meganathan, Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 189(2), 296(b), 115(2), 118(2) & 351(3) of BNS, in Crime No.144 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, on the date of occurrence, there was a wordy quarrel between the petitioners and the defacto complainant regarding the collection of money for the temple consecration ceremony, due to which, the petitioners along with others attacked the defacto complainant. Hence, the case.

3. Learned counsel appearing for the petitioners would submit that the petitioners are innocent person and they have been falsely implicated in this case and that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court and prayed for anticipatory bail to the petitioners.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that the injured has been discharged from the hospital and the petitioners have no bad antecedent.

5. Having heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, they 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 of receipt of a copy of this order, before the learned Judicial Magistrate Court, Kunnam, 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the said

Magistrate, on further condition that:

[a] if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

[c] the petitioners shall report before the respondent Police daily at 10.30 a.m;

[d] the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall make themselves available for interrogation by a Police office as and when required; [f] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] the petitioners shall not abscond either during investigation or trial;

[h] 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];

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

16-05-2025 AT 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."

To 1.The Inspector of Police, Kunnam Police Station, Perambalur District.

Crime No.144 of 2025.

2.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

AT CRL OP No. 14944 of 16-05-2025