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Madras High CourtCRL OP/15172/2025granted

Sangeetha v. State Rep. By Inspector Of Police,

2025-05-16Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-05-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. Sangeetha D/o.Mahesh, No. 51, No. 29, Kamarajar MDP Nagar, Korukupettai, Chennai - 21.

2. Gowri W/o.Mahesh, No.51, No.29, Kamarajar MDP Nagar, Korukupettai, Chennai - 21.

4. Saravana No. 51/104, Amman Kovil Street, Ajees Nagar, Tondiarpet-81.

Petitioner(s) Vs

1. State Rep. by Inspector of Police, H-6, RK Nagar Police Station, Chennai.

(Crime No.318/2025)

Respondent(s) PRAYER To enlarge me on Anticipatory Bail on event of their arrest in connection with Crime Number 318 of 2025 on the file of the Respondent Police For Petitioner(s):

Mr. Saravana Manjunath For Respondent(s):

Mr.R.Vinoth Raja Government Advocate (Crl.Side)

ORDER

The petitioners, apprehend arrest for the alleged offences under Sections 191 (2), 126(2), 296(b), 115(2), 75, 76, 324 (2), 351 (2) of B.N.S. and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act in Crime No.318 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to money dispute between petitioners and the defacto complainant's family, the petitioners attacked them. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are not involved in any criminal act as alleged in the complaint. 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.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that due to hand loan borrowed by the mother of the defacto complainant, there was a dispute between the petitioners and the defacto complainant's family and the petitioners attacked the defacto complainant and the victim has been discharged from the hospital. Hence, he opposed for grant of anticipatory bail to the petitioners.

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

6. 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.

7. 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 learned XV Metropolitan Magistrate, George Town, on condition that each of 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 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 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.

16.05.2025 ASI 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, H-6, RK Nagar Police Station, Chennai.

2. The XV Metropolitan Magistrate, George Town.

3. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

asi 16-05-2025