M Vidya 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. M Vidya No.26, Bharathiyar Street Madhuravoyal Chennai 600095 Thiruvallur District 2.R Mohanraj S/o.Rajamani, No.26, Bharathiyar Street Madhuravoyal Chennai 600095 Thiruvallur District Petitioner(s) Vs
1. The State Rep By Its, The Inspector of Police, T-4 Madhuravoyal Police Station, Chennai District Cr.No.345 of 2025.
Respondent(s) PRAYER To grant anticipatory bail for the Petitioners Accused 3 and 4 in the event of their arrest in F.LR Crime No.345/2025, on the file of the Respondent / Complainant herein
For Petitioner(s):
Mr. Vijay Anand Sivaraman For Respondent(s):
Mr.R.Vinothraja Government Advocate (Crl.Side)
ORDER
The petitioners, apprehend arrest for the alleged offences under Sections 296 (b), 115(2), 118(1), 351(3) of B.N.S. (corresponding to Section 294(b), 323, 324, 506 (ii) of repealed I.P.C.) read with Section 4 of the Tamil Nadu Prohibition of Women Harassment Act in Crime No.345 of 2025, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and the defacto complainant are the neighbours. Since there was an altercation between them, the petitioners attacked the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. He would further submit that the co-accused were arrested and released on bail by the Judicial Magistrate No.II, Poonamallee in Crl.M.P.No.783/2025, dated 08.05.2025). 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 wordy quarrel, both the petitioner's family and the defacto complainant's family attacked each other and the victim has been discharged from the hospital. However, 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 Judicial Magistrate No.II, Poonamallee, 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, T-4 Madhuravoyal Police Station, Chennai District.
2. The Judicial Magistrate No.II, Poonamallee.
3. The Public Prosecutor, High Court of Madras, Chennai.
M.NIRMAL KUMAR J.
ASI 16-05-2025