Rasu v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Rasu Petitioner Vs State Rep. By The Inspector of Police, Valangaiman Police Station, Thiruvarur District.
Crime No.180 of 2025 Respondent PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S., pleased to enlarge the petitioner on bail, in the event of his arrest by the Respondent Police, pending investigation of the case in Crime No.180 of 2025 on the file of the Respondent.
For Petitioner:
Mr.M.Vijayaragavan For Respondent:
M/s. R. Vinoth Raja Ga (crl.
Side)
ORDER
The petitioner, apprehends arrest for the alleged offences under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 (Old Correspondent Sections
294(b), 323, 324 and 506(ii) of IPC) in Crime No.180 of 2025, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that due to the property dispute, petitioner along with other accused attacked the defacto complainant, due to which, defacto complainant sustained injuries. Hence the case. 3.
The learned counsel for the petitioner would submit that the petitioner also lodged a complaint against the defacto complainant and in order to counter that, the present complaint has been lodged by the defacto complainant and that the injured has been discharged from the hospital and that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that due to property dispute, there was a wordy quarrel between the petitioner and the defacto complainant and also attacked
each other, as a result of which, defacto complainant sustained simple injuries. Hence, he opposed to grant anticipatory bail to the petitioner. 5.Taking into consideration the facts and circumstances of the case and also considering the submissions made on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the District Munsif-cumJudicial Magistrate Court, Valangaiman, Thiruvarur District 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 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 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 three weeks and
thereafter, as and when required for further 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 [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
27-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.State Rep. By The Inspector of Police, Valangaiman Police Station, Thiruvarur District.
Crime No.180 of 2025 2.The District Munsif-cum-Judicial Magistrate Court, Valangaiman, Thiruvarur District 3.The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR J.
gbi CRL OP No. 17757 of 27-06-2025