Kaliyaperumal v. State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

1. KALIYAPERUMAL Petitioner(s) Vs

1. State rep by, Inspector of Police, Kallakurachi Police Station, Kallakurachi District.

Crime No. 308/2025.

Respondent(s) PRAYER This Criminal Original Petition is filed to enlarge the Petitioner on bail in the event of his arrest in Crime No.308 of 2025 pending investigation on the file of the Respondent and thus render Justice.

For Petitioner(s):

Mr.Ravindran For Respondent(s):

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

ORDER

The petitioner, who apprehends arrest at the hands of the respondent

police for the alleged offences under Section 296(b), 118(1), 115(2), 351(3) of BNS in Crime No.308 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 11.05.2025, the petitioner along with other accused persons, in drunken mode assaulted the defacto complainant and caused injuries. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and a false complaint has been given as against him and ready to abide by any stringent condition that may be imposed by this Court. 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 further submitted that there is no case pending against the petitioner and however, opposed for grant of anticipatory bail to the petitioner.

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 also considering all other aspects, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, this Criminal Original Petition stands allowed and 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-I, kallakurachi, 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 further condition that: [a] the petitioner 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 petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner 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 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].

[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, Inspector of Police, Kallakurachi Police Station, Kallakurachi District. Crime No.

308/2025.

2. The Judicial Magistrate-I, Kallakurachi.

3. The Public Prosecutor, High Court of Madras.

N.SENTHILKUMAR J.

Jai/gv CRL OP No. 15526 of 21-05-2025