Kanagaraj v. The State Represented 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 P.Kangaraj

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, C-1, Sirperumbudur Police Station, Kanchipuram District.

(Crime No.44 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.44 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.N.Suriyamuthu 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 Page No.1 of 6

No.44 of 2025 registered for the offence under Sections 296(b), 115(2), 118(1), 351(3) of BNS, 2023.

2.It is the case of the prosecution that the petitioner who was supplying manpower to the defacto complainant's Company and the defacto complainant working as a HR Manager in Seizo Automotive Private Limited at Mannur. Due to wordy quarrel with regard to pending salary arrears, between the petitioner and the defacto complainant, the petitioner abused the defacto complainant in filthy language, threatened him of dire consequences and assaulted him with iron rod and caused injuries also damaged the tool worth about Rs.1.75 lakhs. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that due to previous enmity, a false complaint has been foisted. He would further submit that the petitioner is ready to abide by any condition that may be imposed by this Court and sought for anticipatory bail. Page No.2 of 6

4.Per contra, the learned Additional Public Prosecutor reiterated the prosecution case and submitted that the injured has been discharged from the hospital.

5.Heard the 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 petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of copy of this order, before the Judicial Magistrate, Sriperumbudur on condition that the petitioner 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 Page No.3 of 6

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 petitioner 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;

[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 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.

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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.

Copy to:

1.The Judicial Magistrate, Sriperumbudur.

2.The Inspector of Police, C-1, Sirperumbudur Police Station, Kanchipuram District.

3.The Public Prosecutor, High Court of Madras.

Page No.5 of 6

K. GOVINDARAJAN THILAKAVADI , J.

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