Kannaiyan @ Rangasamy v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.05.2025
CORAM
THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Kannaiyan @ Rangasamy ... Petitioner -vsThe State Represented by, The Inspector of Police, Elachipalayam Police Station, Namakkal District.
(Crime No.74 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of his arrest in Crime No.74 of 2025 pending investigation on the file of the respondent police.
For Petitioner :
Mr.C.S.Saravanan For Respondent :
Mr.V.Meganathan, Government Advocate (Crl.Side) ******** 1/6
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 118(1), 351(3) of BNS, 2023 (294(b), 324, 506(ii) of IPC) in Crime No.74 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant is working as mechanic on various places and before 2 months he had done the pipe line work in the field of the petitioner and now he is laying pipeline in the field of another Rangasamy at Alangadu, Thennamarathupalayam and the petitioner contacted the complainant over phone and told that all the pipeline laid by the defacto complainant are leaking and abused him in filthy language. Hence this case.
3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the case in counter and no previous case pending against the petitioner. However, he vehemently opposed to grant anticipatory bail 2/6
to the petitioner.
5. Considering the facts and circumstances of the case, 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 his appearance before the learned Judicial Magistrate, Tiruchengode, 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) if the petitioner 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 their Aadhar card or Bank pass Book to ensure their identity; (c) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of 30 days;
(d) the petitioner shall not directly or indirectly cause any threat to the 3/6
defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioner shall make himself available for interrogation by a Police office as and when required;
(f) the petitioner 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 petitioner 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 B.N.S.2023.
16.05.2025 rna "Note:
4/6
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 learned Judicial Magistrate, Tiruchengode.
2.The Inspector of Police, Elachipalayam Police Station, Namakkal District.
3.The Public Prosecutor, High Court, Madras.
5/6
M.NIRMAL KUMAR, J.
rna 16.05.2025 6/6