Subbaraman v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.05.2025
CORAM
THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.15277 of 2025 1.Subbaraman.K 2.Jayammal 3.Janaki.R 4.Mahalakshmi.M .. Petitioners Vs.
The State rep by The Inspector of Police, Periyapalayam Police Station, Tiruvallur District.
(Crime No.131 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in Crime No.131 of 2025 on the file of the respondent police. For petitioners : Mr.A.Vijayasankar For Respondent : Mr.V.Meganathan Government Advocate(Criminal Side)
ORDER
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The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 296 (b), 118 (1), 351 (3) of BNS Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.131 of 2025, seek anticipatory bail. 2.The case of the prosecution is that due to previous enmity, the petitioners attacked the defacto-complainant and her family members and abused them in filthy language, pursuant to which, the defacto-complainant's left hand got injured. Hence the case.
3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they had been falsely implicated in this case. He further submitted that the custodial interrogation of the petitioners is not required and sought for anticipatory bail to the petitioners. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that Page No.2 of 6
the injured has been discharged from the hospital. 5.Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal 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 District Munsif Judicial Magistrate, Uthukottai, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 Page No.3 of 6
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 until further orders; [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 himself 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 petitioners 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];
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[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
15.05.2025 Index : Yes / No Internet : Yes / No rkp/ep To 1.The Inspector of Police, Periyapalayam Police Station, Tiruvallur District.
2.The District Munsif Judicial Magistrate, Uthukottai. 3.The Public Prosecutor, Madras High Court, Chennai.
M.NIRMAL KUMAR, J.
ep/rkp Page No.5 of 6
Crl.O.P.No.15277 of 2025 15.05.2025 Page No.6 of 6