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Madras High CourtCRL OP/21120/2025granted

Kutla @ Prem @ Premkumar v. State Rep.By, The Inspector Of Police,

2025-09-10Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Kutla @ Prem @ Premkumar Petitioner(s) Vs State Rep.by, The Inspector of Police, Kitchipalayam Police Station, Salem District Crime.No. 168/2025.

Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioner on bail in the event of his arrest in Crime No.168 of 2025 on the file of the respondent police.

For Petitioner(s):

Mr.Siranjeevi For Respondent(s):

Mr.S.Udayakumar, GA (Crl.Side)

ORDER

The petitioner, who apprehend arrest by the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 127(2), 115(2), 118(1), 351(3), 303(2) of BNS in Crime No.168 of 2025, seeks anticipatory bail.

2.The case of the prosecution is that on 26.05.2025, the petitioner along with other accused abused the defacto complainant and his friends in filthy language and assaulted the defacto complainant using wooden log, stone, beer bottle and iron rod and caused injuries and also threatened with dire consequences. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he is no way connected with the alleged offence. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution and submitted that there is no previous case pending against the petitioner and opposed for grant of anticipatory bail to the petitioner.

5.Heard the learned counsel appearing for the petitioner as well as the

learned Government Advocate (Crl.side) and perused the materials available on record.

6.

Taking note of the facts and circumstances of the case, the nature of allegations, and since, custodial interrogation of the petitioner is not required for the purpose of investigation, 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 (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate - II, Salem 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 on every Saturday at 10.30 a.m. for a period of eight weeks.

(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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

10-09-2025 Gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Inspector of Police, Kitchipalayam Police Station, Salem District.

2. The Judicial Magistrate-II, Salem.

3. The Public Prosecutor, High Court of Madras.

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 the official website of this Court will be watermarked and will also have a QR code.

T.V.THAMILSELVI, J.

gbi CRL OP No. 21120 of 10-09-2025