Akbar v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K. ILANTHIRAIYAN Akbar ... Petitioner

Versus

State by, The Inspector of Police, Vettavalam Police Station, Thiruvannamalai District.

(Cr.No.68 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 in connection with Crime No.68 of 2025 on the file of respondent Police.

For Petitioner : Mr.Silambu Selvan.S For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) *****

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), Page No.1 of 6

191(3), 127(2), 296(b), 118(1), 109(1), 351(3) of BNS, 2023 (U/s.147, 148, 342, 294(b), 324, 307, 506(ii) of IPC) in Crime No.68 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity the petitioner assaulted the defacto complainant using a knife,. Hence, the case.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that totally there are 6 accused and the petitioner is arrayed as A3 in this case and the injured has been discharged from Hospital and vehemently opposed for grant of anticipatory bail to the petitioner.

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5.Considering the above fact and circumstances of the case and since custodial interrogation of the petitioner is not required, 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 days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Kilpennathur, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and 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 appear before the respondent police daily for a period of two weeks and thereafter as and when required for interrogation; Page No.3 of 6

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond 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 229A IPC. 14.07.2025 rap Page No.4 of 6

To

1. The Judicial Magistrate, Kilpennathur

2. The Inspector of Police, Vettavalam Police Station, Thiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

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G.K. ILANTHIRAIYAN , J.

rap 14.07.2025 Page No.6 of 6