M Palaniappan v. State Rep.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. M Palaniappan 2.A Muthusamy Goundar Petitioner(s) Vs

1. State Rep.by, The Inspector of Police, Elachipalayam Police Station, Namakkal District.

(Crime No.68 of 2025) Respondent(s) PRAYER This Criminal Original Petition is filed to enlarge the Petitioners on bail in the event of their arrest in Crime No.68 of 2025, pending on the file of the respondent For Petitioner(s):

Mr.W.Camyles Gandhi 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 126(2), 115(2), 118(1), 303(2) , (NP) of BNS (341, 323, 324, 379(NP) of IPC in Crime No.68 of 2025, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused waylaid and assaulted the defacto complainant and his relatives with iron rods and snatched seven sovereigns of gold chain from the defacto complainant, due to which, the defacto complainant sustained injuries. Hence the complaint.

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 the petitioners are ready to abide any stringent conditions that may be imposed by this Court and 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 it is a case and case in counter and that the injured is discharged from hospital and 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, 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,

Thiruchengode 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 first petitioner shall report before the respondent police every day at 10.30 a.m., for a period of three weeks and the second petitioner shall report before the concerned Judicial Magistrate on Monday and Friday for a period of one week.

[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 Rep.by, The Inspector of Police, Elachipalayam Police Station, Namakkal District. (Crime No.68 of 2025).

2. The Judicial Magistrate, Thiruchengode.

3. The Public Prosecutor, Madras High Court.

N.SENTHILKUMAR J.

Jai/gv CRL OP No. 15523 of 21-05-2025