Agil @ Agilan v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR Agil @ Agilan ... Petitioner Vs State rep by The Inspector of Police, Krishnagiri Town Police Station, Krishnagiri District.

Crime No.277 of 2025.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in event of his arrest at the hands of the respondent Police concerned in Crime No.277 of 2025.

For petitioner : Mr.R.Parthiban For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 126(2), 140(2), 191(2), 191(3), 127(2), 304(2), 296(b), 118(1), 115(2), 351(3) of BNS (U/s.341, 364(a), 147, 148, 342, 294(b), 324, 323, 506(ii) of IPC) in Crime No.277 of Page No.1 of 6

2025, on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that on 22.05.2025, the petitioner along with other accused kidnapped the defacto complainant, demanded money and also brutally attacked the defacto complainant, thereafter she escaped from the scene. Hence, the case.

3.The learned counsel for petitioner submitted that the petitioner is an innocent person and he has nothing to do with the alleged offence. He further submitted that since the petitioner's friends had some dispute with the defacto complainant, she lodged a false complaint against the petitioner. Further, the marriage of the petitioner with Ms.Chandrika is scheduled to be held on 30.06.2025 and reception on 29.06.2025 in Bangalore. Following the same, another reception is on 06.07.2025 in Krishnagiri. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

4.Learned Government Advocate (Criminal Side) appearing for the respondent Police while opposing for grant of anticipatory bail to the petitioner, reiterated the prosecution case and submitted that today verified Page No.2 of 6

through the jurisdictional Police and confirmed the marriage of the petitioner. He further submits that the defacto complainant appeared before the respondent Police and informed she does not have any serious objection for grant of anticipatory bail to the petitioner. 5.Heard both sides and perused the materials available on record. 6.Considering the fact that the defacto complainant has no objection for grant of anticipatory bail to the petitioner and the marriage of the petitioner is scheduled to be held on 29.06.2029, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.

Accordingly, the petitioner is 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.I, Krishnagiri on condition that the petitioner shall execute a bond for a sum of Rs.

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[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b]The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identify proofs to ensure their identity; [c]the petitioner shall report before the respondent Police as and when required for interrogation;

[d] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall make themselves available for interrogation by a Police officer as and when required;

[f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, they shall comply to the directions as may be given by the Court in this regard;

[g] the petitioner shall not abscond either during investigation or trial; [h] 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];

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

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20.06.2025 vv2 To 1.The Judicial Magistrate No.I, Krishnagiri.

2.The Inspector of Police, Krishnagiri Town Police Station, Krishnagiri District.

3.The Public Prosecutor, Madras High Court.

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M.NIRMAL KUMAR, J.

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