Vinith @ Vinith Kumar v. State Rep.By, Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Vinith @ Vinith Kumar ......Petitioner/ A2 Vs.

The State rep by The Inspector of Police, Nemili Police Station, Ranipet District.

(Crime No. 211 of 2025) .....Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.211 of 2025 pending investigation on the file the respondent police For Petitioner : Mr.D.Dayalan For Respondent : M/s.A.Gopinath Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 115(2), 118(1), 351(3) of BNS Act, 2023 (294(b), 323, 324, 506(ii) of IPC) in Crime No.211 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity between the 1st accused and the defacto complainant's brother-in-law, a wordy quarrel arose, due to which, the petitioner/ A2 along with other accused abused the defacto complainant in filthy language and attacked him using hands. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would also submit that he has been falsely implicated in this case. 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 (Crl.Side) appearing for the respondent police reiterated the case of the prosecution and 2/6

submitted that the petitioner along with other accused abused the defacto complainant in filthy language and also attacked him. He also submitted that the injured has been discharged from the hospital on 16.05.2025 and no previous case is pending against the petitioner. 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 against the petitioner, submissions made by the learned counsels on either side and considering 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.

7. Accordingly, the petitioner is ordered to be released on anticipatory 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 No.II, Arakkonam on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on 3/6

further condition that:

[a] the petitioner and 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 appear before the respondent police daily at 10.30 a.m for a period of one week and thereafter, as and when required for interrogation;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond 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 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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023. 21.05.2025 nr 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 official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate NO.II, Arakkonam

2. The Inspector of Police, Nemili Police Station, Ranipet District.

3. The Public Prosecutor, High Court of Madras.

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N.SENTHILKUMAR ,J.

nr 21.05.2025 6/6