Muthu @ Vellai Gounder v. State Rep By Its, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.05.2025
CORAM
THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.15192 of 2025 Muthu @ Vellai Gounder .. Petitioner Vs.
The State rep by The Inspector of Police, Kannamangalam Police Station, Tiruvannamalai District.
(Crime No.406 of 2024) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.406 of 2024 on the file of the respondent police. For petitioner : Mr.Sakthi Vel For Respondent : Mr.V.Meganathan Government Advocate(Criminal Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 296 (b), 115 (2), 118 (1), 351 (3) of BNS Act, in Crime No.406 of 2024, seeks anticipatory bail. Page No.1 of 6
2.The case of the prosecution is that the petitioner along with other accused abused the wife of the defacto-complainant in filthy language, assaulted him with knife and also threatened with dire consequences. Further, the petitioner attacked the defacto-complainant, due to which the defacto-complainant got injured and admitted to Hospital. Hence the case. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He further submitted that the custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the injured has been discharged from hospital and there is no previous case is pending against the petitioner.
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5.Having heard the learned counsel for the petitioner 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 petitioner with certain conditions and accordingly, he is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Polur, Tiruvannamalai District, 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 said Magistrate, 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 any one of Page No.3 of 6
identify proofs to ensure their identity;
[c] the petitioner shall report before the respondent Police daily at 10.30 a.m until further orders; [d] the petitioner 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 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 Page No.4 of 6
be registered under Section 269 of BNS.
16.05.2025 Index : Yes / No Internet : Yes / No rkp/ep To 1.The Inspector of Police, Kannamangalam Police Station, Tiruvannamalai District.
2.The Judicial Magistrate, Polur, Tiruvannamalai District.
3.The Public Prosecutor, Madras High Court, Chennai.
M.NIRMAL KUMAR, J.
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ep/rkp Crl.O.P.No.15192 of 2025 16.05.2025 Page No.6 of 6