Nattudurai 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. Nattudurai Petitioner(s) Vs

1. The State rep by, The Inspector of Police, Otteri Police Station, Chennai. (Crime No. 494 of 2025) Respondent(s) PRAYER This Criminal Original Petition is filed to enlarge the petitioner on Anticipatory bail in the event of his arrest in Crime No. 494 of 2025 pending investigation on the file of respondent Police and thus render justice. For Petitioner(s):

Mr.J. Ganesh 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), 115(2), 351(3) of BNS and

Section 4 of TNPHW Act & Section 4 of TNPCEI Act in Crime No.494 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners lent money to the defacto complainant at exorbitant interest rates. Despite she repaid the entire amount, the accused demanded additional money and upon refusal, they abused and assaulted the defacto complainant. Hence the complaint.

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 condition 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 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 X Metropolitan Magistrate, Egmore 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 respondent police every day at 10.30 a.m., for a period of one week and [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 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, Otteri Police Station, Chennai. (Crime No. 494 of 2025).

2. The X Metropolitan Magistrate, Egmore.

3. The Public Prosecutor, High Court of Madras.

N.SENTHILKUMAR J.

Jai/gv CRL OP No. 15534 of 21-05-2025