R. Silambarasan v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.05.2025

CORAM

THE HON'BLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI 1.R.Silambarasan 2.R.Dhanush 3.U.Yuvaraj

...Petitioners/Accused

Vs.

State rep by The Inspector of Police, Vellavedu Police Station, Thiruvallur District.

(Crime No.132 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in the event of the arrest in Cr.No.132 of 2025 pending investigation on the file of the respondent police. For Petitioners :

Mr.D.Ilayaraja For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner, who apprehend arrest at the hands of the respondent, seeking anticipatory bail in Crime No.132 of 2025 registered for the offence under Sections 296(b), 115(1), 324(2), 329(4), 351(3) and 353 of BNS, 2023.

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2.The case of the prosecution is that due to wordy quarrel, the petitioners along with the other accused abused the defacto complainant in filthy language, trespassed into the house of the defacto complainant and damaged the glass windows, threatened him with dire consequences, assaulted him and caused injuries to him. Hence, the case.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that the injured has been discharged from the hospital. He would further submit that the petitioners are ready to abide by any stringent condition that may be imposed by this Court and sought for anticipatory bail. 4.Per contra, the learned Additional Public Prosecutor reiterated the prosecution case and submitted that the injured was discharged from the hospital. However, he opposed for the grant of anticipatory bail. 5.Heard the learned counsel on either side and perused the materials available on record.

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

7.Accordingly, 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 of receipt of copy of this order, before the Judicial Magistrate No.II, Poonamallee on condition that the petitioners shall execute separate bond for sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 said Magistrate, on further conditions 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 two months and thereafter, as and when required for interrogation;

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[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 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 reported in [(2005)AIR SCW 5560];

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

28.05.2025 rkp/ata 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.

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Copy to:

1.The Judicial Magistrate No.II, Poonamallee. 2.The Inspector of Police, Vellavedu Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court of Madras.

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K. GOVINDARAJAN THILAKAVADI , J.

rkp/ata 28.05.2025 Page No.6 of 6