Balaraman Alias Balaraman Malaiyan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.05.2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

1. Balaraman @ Balaraman Malaiyan

2. Govindasamy

3. Magi @ Mahendran ... Petitioner(s) /Accused 1 to 3 Vs.

State represented by the Inspector of Police, Yelagiri Police Station, Thirupathur.

... Respondent(s)/ Complainant Crime No.24 of 2025 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.24 of 2025 on the file of the respondent police. For petitioner(s) : Mr.S.Mageshkumar For Respondent(s) : Mr.A.Gopinath, Government Advocate (Crl.Side) Page No.1 of 6

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 351(3) of BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.24 of 2025 seeks anticipatory bail.

2. The case of the prosecution is that on account of prior enmity, the petitioners attacked the defacto complainant and abused him in filthy language. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the allegations are false and that in any case, custodial interrogation of the petitioner is not required for the purpose of investigation and sought for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and, on instructions, submitted Page No.2 of 6

that the injured has been discharged from the hospital and that the petitioners have no bad antecedents.

5. Heard learned counsel on either side and perused the materials available on record.

6. Considering the nature of allegations, the fact that the injured has been discharged from the hospital, and since custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on 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-3, Thirupathur-District, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000 (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition Page No.3 of 6

for anticipatory bail shall stand dismissed and on further condition that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioners shall report before the respondent Police everyday at 10:30 a.m., for a period of one week and thereafter as and when required for interrogation until further orders; [c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[e] 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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

Page No.4 of 6

22.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr To

1. Judicial Magistrate-3, Thirupathur

2. The Public Prosecutor, Madras High Court, Chennai.

3. Inspector of Police, Yelagiri Police Station, Thirupathur.

N.SENTHILKUMAR, J.

skr Page No.5 of 6

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