Dharma @ Naie Manda Dharma v. The 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. Dharma @ Naie Manda Dharma

2. Lakshmi Petitioner(s) Vs

1. The State by, The Inspector of Police, H6 RK Nagar Police Station, Chennai.

Cr. No. 344 of 2025.

Respondent(s) PRAYER This Criminal Original Petition is filed to enlarge the Petitioner on bail the event of arrest in Crime No.344 of 2024 pending on the file of respondent polic. For Petitioner(s):

Mr.K.Vijayaragavan 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 296(b), 115(2), 118(1), 351(3) of BNS in Crime No.344 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner's son and the defacto complainant's son are co-accused in a case and both were arrested by the respondent police. The petitioners, fueled by resentment over the defacto complainant's son being released on bail, while their son remained in custody, engaged in a wordy quarrel, used abusive language and physically assaulted the defacto complainant, causing injuries. Hence, the case.

3. Learned counsel for the petitioners would submit 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 is 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 overtact 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 XV M.M. George Town,

Chennai 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 respondent police as and when required for interrogation.

[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 the official website of this Court will be watermarked and will also have a QR code."

To 1.The State by, The Inspector of Police, H6 RK Nagar Police Station, Chennai.

Cr. No. 344 of 2025.

2. The XV M.M George Town at Chennai.

3. The Public Prosecutor, High Court of Madras.

N.SENTHILKUMAR J.

Jai/gv CRL OP No. 15549 of 21-05-2025