A.Tamilarasan 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 CRL. O.P.NO.15992 of 2025

1. A.Tamilarasan @ Appu

2. A.Tamil Selvan ... Petitioners Vs State Rep. By The Inspector of Police, Thiruverkadu Police Station, Avadi City (Crime No.227 of 2025)

...Respondent

Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner/Accused on anticipatory bail in the event of arrest in Crime No. 227 of 2025 pending on the file of the respondent police.

For petitioner :

M/s.J. Sadam Hussain For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences under Section 296(b), 115(2), 74 and 351(3) of B.N.S. Act, 2023 in Crime No.227 of 2025, on the file of the respondent police, seeks anticipatory bail.

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2.

The case of the prosecution is that due to business dispute, the petitioners and along with other persons attacked the defacto complainant and abused in with filthy language and also made life threaten. Hence the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners are an innocent person and they have not committed any such offence as alleged by the prosecution. He would also submit that he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioners are ready and willing to abide by any 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, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that there is one previous case pending against the petitioners. 5.

Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No. 2, Poonamallee on condition that the petitioner shall execute a 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 said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and 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 at 10:30 a.m., for a period of two months and thereafter as and when required for interrogation;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

K. GOVINDARAJAN THILAKAVADI, J.

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gv [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 [(2005)AIR SCW 5560].

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

Note:- 28.05.2025

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 Judicial Magistrate No. 2, Poonamallee. 2.The Inspector of Police, Thiruverkadu Police Station, Avadi City.

3.

The Public Prosecutor, Madras High Court. CRL.O.P. NO. 15992 of 2025 4/4