Sathesh @ Tharmaraj v. State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

1. Sathesh @ Tharmaraj

2. Gowtham Petitioner(s) Vs State by, The Inspector of Police, Udumalpet Police Station, Tiruppur District. (Crime No.301 of 2025) Respondent(s) PRAYER This Criminal Original Petition is filed to enlarge the Petitioners on bail in the event of their arrest in respect of Crime No.301 of 2025 on the file of the Inspector of Police, Udumalpet Police Station, Tiruppur District, pending investigation For Petitioner(s):

Mr.K Mohan Raj For Respondent(s):

Mr.A.Gopinath, GA, (Crl Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Section 191(2), 191(3), 296(b), 115(2), 118(1) & 351(3) of BNS Act in Crime No.301 of 2025, seek anticipatory bail.

2. The case of the prosecution is that on 08.05.2025, at about 19.30 hours, the petitioners and others questioned the alleged illegal act of the defacto complainant's son' brother-in-law Vanaraj, which led to a wordy quarrel, during which, the petitioners assaulted Vanaraj and caused injury. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are falsely implicated in this case. He would further submit that petitioners are ready to abide any stringent conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the

respondent police reiterated the case of the prosecution and on instruction submitted that the injured has been discharged from hospital and there is no previous case pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the arguments from both sides, the nature of the offence, the antecedents of the petitioners and the injured has been discharged from hospital, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7. Accordingly, this Criminal Original Petition stands allowed and the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-I,

Udumalpet on condition that the each of 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 further condition that:

(a) the petitioners shall report before the concerned Judicial Magistrate daily at 10.30 a.m, from Monday to Friday and shall further appear before the respondent police at 10.30 a.m., on every Saturday and Sunday until further orders.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial. [d] 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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

21-05-2025 Jai/gv Index:Yes/No Speaking/Non-speaking order Internet:Yes 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.State by, The Inspector of Police, Udumalpet Police Station, Tiruppur District. (Crime No.301 of 2025).

2. The Judicial Magistrate No.1, Udumalpet.

3. The Public Prosecutor, High Court of Madras.

N.SENTHILKUMAR J.

Jai/gv CRL OP No. 15531 of 21-05-2025