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Madras High CourtCRL OP/22037/2025granted

Arumugam @ Vela v. The State Rep. By The Inspector Of Police,

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL OP NO. 22037 of 2025 Arumugam @ Vela

...Petitioner(s)

Vs State, Rep by The Inspector of Police, T-12, Poonamallee Police Station, Poonamallee.

Thiruvallur District.

...Respondent(s)

Prayer: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of their arrest by the respondent police in Crime No. 522 of 2025 on the file of the respondent police.

For Petitioner(s) :

Mr.Prem Kumar M For Respondent(s):

Mr.S.Udayakumar, Government Advocate (Crl.Side) 1\6

ORDER

The petitioners who apprehend arrest for the alleged offences under Sections 296(b), 126(2), 115 (2), 118(1) 324(4) and 351(3) of BNS, 2023 in Crime No. 522 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant's son was grazing cows, at the time the petitioner and other accused were consuming alcohol and called the defacto complainant's son and quarreled with him and attacked him.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any officen as alleged by the prosecution. The petitioner has been falsely implicated in this case. The petitioner is ready to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent submitted that in this case, there are totally 5 accused and the petitioner is ranked as A4 and the injured has been discharged from the 2\6

hospital. Hence, he vehemently opposed to grant bail to the petitioners. The petitioner has already been granted bail but he did not surrender before the concerned Magistrate Court.

5.Considering the facts and circumstances of the case, and the injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Poonamallee, Thiruvallur District, on condition that the petitioners 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 petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the Thiruvallur District Court Advocate Clerk's Association, and shall produce the proof of payment before the learned 3\6

Magistrate concerned at the time of executing the sureties; (b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar Card or Bank pass Book to ensure their identity; (c)The petitioner shall report before the respondent police on alternative days at 10.30 a.m. for a period of six weeks and thereafter, as and when required for further interrogation;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial;

(f)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 anticipatory 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; 4\6

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

09-09-2025 mps To 1.The Judicial Magistrate No.II, Poonamallee, Thiruvallur District 2.The Inspector of Police, T-12, Poonamallee Police Station, Poonamallee.

Thiruvallur District.

3.The Public Prosecutor, Madras High Court, Chennai.

Note:

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.

5\6

T.V.THAMILSELVI, J.

mps CRL OP NO. 22037 of 2025 09.09.2025 6\6