S.Moorthi @ Kolanjiyappan v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-05-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR
1. S.Moorthi @ Kolanjiyappan Son of Subramani, No.19, New Colony, 12 Main Road, Anna Nagar, Chennai - 600 040.
Petitioner(s) Vs
1. The State Rep. by the Inspector of Police, K-4, Anna Nagar, Police Station, Chennai Crime.No.441 of 2025.
Respondent(s) PRAYER To pass orders and enlarge the Petitioner on bail in the event of their arrest in Crime.No. 441 of 2025, on the file of the respondent and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioner(s):
Mr. R .Chakkaravarthy For Respondent(s):
Mr.R.Vinoth Raja
Government Advocate (Crl.Side)
ORDER
The petitioner, apprehends arrest for the alleged offences under Sections 115(2), 324 (3) of B.N.S. and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act in Crime No.441 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that there was a wordy quarrel between the petitioner and the defacto complainant, due to which, the defacto complainant sustained injury. There is a case in counter. The respondent registered the case based on the complaint given by both sides in F.I.R.Nos.440 and 441 of 2025. Hence, the complaint.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and is no way connected with the commission of the alleged offences. However, on instructions, the learned counsel further submits that the petitioner is 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 petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the victim has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner.
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 petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned V Metropolian Magistrate Court, Egmore, Chennai, 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 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 petitioner shall report before the respondent Police as and when required for further interrogation; [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner 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 To
1. The Inspector of Police, K-4, Anna Nagar, Police Station, Chennai.
2. The V Metropolian Magistrate Court, Egmore, Chennai.
3. The Public Prosecutor, High Court of Madras, Chennai.
M.NIRMAL KUMAR J.
asi 16-05-2025