Balaji v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Balaji ... Petitioner Vs.
State represented by, The Inspector of Police, Vaniyambadi Taluk Police Station, Vaniyambadi, Tirupathur District.
(Crime No.153 of 2025) ... Respondent PRAYER : Criminal Original Petition has been filed under Section 482 of BNSS to enlarge the petitioner on bail in the event of his arrest in Crime No.153 of 2025 pending on the file of the respondent Police. For Petitioner : Mr.Vinodh Kumar For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 296(b), 115(2), 118(1) of BNS in Crime No.153 of 2025 on the file of the respondent police, seeks anticipatory bail.
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2. The case of the prosecution is that due to money dispute, the accused had abused the de facto complainant in filthy language, assaulted him and threatened him with dire consequences. Hence the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and due to previous enmity, he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioner. He further submitted that the injured has been discharged from the hospital.
5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Considering the above facts and circumstances of the case and also taking note of the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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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 days from the date on which the order copy made ready, before the learned Judicial Magistrate, Vaniyambadi, 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] 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 everyday at 10.30.a.m., for a period of two weeks and thereafter, as and when required for interrogation;
[c] the petitioner shall not abscond during during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; Page No.3 of 4
G.K.ILANTHIRAIYAN , J.
ham [e] 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
23.06.2025 ham To
1. The Judicial Magistrate, Vaniyambadi.
2. The Inspector of Police, Vaniyambadi Taluk Police Station, Vaniyambadi, Tirupathur District.
3. The Public Prosecutor, High Court, Madras.
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