Sedu v. State Rep By. Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI

1. Sedu

2. Deena @ Deenadayalan ... Petitioner(s) /Accused Nos. 3 & 4 Vs.

The State represented by, The Inspector of Police, Mamallapuram Police Station, Chengalpattu District.

... Respondent(s)/ Complainant Crime No.101 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 arrest in Crime No.101 of 2025 on the file of the respondent police. For petitioner(s) : Mr.R.Jayaprathap For Respondent(s) : Mr.A.Gokulakrishnan 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), 118(1), 351(3) and 324(4) of BNS Act r/w Section 4 of the TNPHW Act, 2002, in Crime No.101 of 2025 seeks anticipatory bail.

2. It is the case of the prosecution that, due to a wordy quarrel, the petitioners attacked the defacto complainant and abused her in filthy language.

3. The learned counsel appearing for the petitioners submitted that the allegations are false and the petitioners are innocent. He further submitted that custodial interrogation is not required and sought for 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 are no previous criminal antecedents against the petitioners and that the Page No.2 of 6

injured has been discharged from the hospital.

5. Considering the nature of allegations, the fact that the injured had 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.

6. 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 is made ready, before the learned Judicial Magistrate, Thirukazhukundram, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition 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 Page No.3 of 6

Bank pass Book to ensure their identity;

[b] the petitioner 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 until further orders;

[c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner 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 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];

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

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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. Judicial Magistrate, Thirukazhikundram.

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

3. The Inspector of Police, Mamallapuram Police Station, Chengalpattu District.

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K. GOVINDARAJAN THILAKAVADI, J.

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