Murugeshan Raman v. The Inspector Of Police (L And O)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Mr.Murugeshan Raman ... Petitioner Vs.

State rep by Inspector of Police (L & O) Annur Police Station Sathyamangalam Road, Annur-641 653 Crime No. 262 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No. 262 of 2025 on the file of the Inspector of Police (L & O), Annur Police Station, Sathyamangalam Road, Annur-641 653. For Petitioner :

Mr. Ramesh Manikandan.A For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(2) and 351(3) of BNS, 2023 Crime No.262 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity between the petitioner and the defacto complainant, the petitioner attacked the defacto complainant using wooden log and also abused him in a filthy language. Hence, the complaint.

3. The learned counsel for the petitioner submitted that petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that a case has been registered against the defacto complainant in Crime No.265 of 2025 for the offences under Sections 296(b), 118(2), 324, 351(3) of BNS, 2023 as counter. He would further submit that petitioner is ready to abide any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for their release. Hence, the learned counsel prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the 2/6

respondent police submitted that it is a case and case in counter where, due to previous enmity between the petitioner and the defacto complainant in connection with survey of the petitioner's land, the petitioner attacked the defacto complainant with wooden log and also abused him in a filthy language. Hence, he opposed for grant of anticipatory bail to the petitioner.

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, the nature of allegation, 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, Annur, Coimbatore 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 3/6

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 everyday at 10.30 a.m., for a period of two weeks and thereafter, 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 himself available for interrogation by a Police office as and when required; [f] the petitioner to give an undertaking that if required for 4/6

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.

19.06.2025 nr M.NIRMAL KUMAR, J.

5/6

nr To

1. The Judicial Magistrate, Annur, Coimbatore

2. Inspector of Police (L & O) Annur Police Station Sathyamangalam Road, Annur-641 653

3. The Public Prosecutor, High Court of Madras.

19.06.2025 6/6