Rajkumar v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR RAJKUMAR Petitioner Vs State rep. by The Inspector of Police, DEEVATTIPATTI Police Station, Salem District. (Crime No. 61 of 2025) Respondent PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the Petitioner on bail in the event of his arrest in Crime No. 61 of 2025, pending on the file of the respondent.
For Petitioner:
Mr.Camyles Gandhi W For Respondent:
Mr.Vinoth Raja Government Advocate (crl. Side)
ORDER
The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, in
Crime No.61 of 2025, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the respondent police received intimation from the Government hospital regarding an incident where the petitioner allegedly came to the defacto complainant's chicken shop on 04.02.2025, started a quarrel with her son-in-law, poured hot oil on his right hand, and when the defacto complainant intervened, abused her, assaulted her with an iron rod, and threatened her with dire consequences. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. The learned counsel further submitted that the injured has been discharged from hospital. Hence, the learned counsel prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police on instructions opposes for grant of anticipatory bail to
the petitioner and confirmed that the injured has been discharged from hospital.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record.
6. Considering the submissions made by the learned counsel appearing on either sides, nature of the allegations, the injured has been discharged from 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 bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Omalur 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 learned Magistrate concerned, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [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 identify proofs to ensure their identity;
[c] the petitioner shall report before the respondent Police daily at 10.30 a.m, for a period of two weeks; [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 himself available for interrogation by a Police office 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, he 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 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];
[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
12-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.State rep. by The Inspector of Police, DEEVATTIPATTI Police Station, Salem District. (Crime No. 61 of 2025) 2.The Judicial Magistrate Omalur.
3.The Public Prosecutor, High Court of Madras, Madras.
M.NIRMAL KUMAR J.
gbi CRL OP No. 16524 of 12-06-2025