Praveen @ Nithish v. The 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. Praveen @ Nithish 2.Ramkumar @ Ram Petitioner(s) Vs

1. The State Rep. By, The Inspector of Police H8 Thiruvottiyur Police Station, Chennai- 600 019.

(Crime No. 727 of 2025) Respondent(s) PRAYER This Criminal Original Petition is filed to enlarge the petitioners on bail in the event of their arrest by the respondent police concerned in Crime No. 727 of 2025 pending on the file of the respondent police. For Petitioner(s):

Mr.M.Nagoor Moideen 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), 296(b), 115(2), 118(1) and 351(3) of the BNS, 2023 (Under Section 341, 294(b), 323, 324 and 506(ii) of IPC) in Crime No.727 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 14.05.2025, a dispute arose between the petitioner and the defacto complainant, during which, petitioner along with other accused, assaulted the defacto complainant in hand. Hence the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and a false complaint has been given as against them and ready to abide by any conditions that may be imposed by this Court. 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 was treated as out patient 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 antecedents of the petitioners, 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 Court, Thiruvattiyur 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 respondent police every day at 10.30 a.m., 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

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 State Rep. by, The Inspector of Police H8 Thiruvottiyur Police Station, Chennai- 600 019. (Crime No. 727 of 2025).

2. The Judicial Magistrate Court, Thiruvattiyur.

3. The Public Prosecutor, Madras High Court.

N.SENTHILKUMAR J.

Jai/gv CRL OP No. 15560 of 21-05-2025