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Madras High CourtCRL OP/24726/2025granted

K.Deepan Chakravarthi v. State Rep By Its, Inspector Of Police,

2025-09-12Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.24726 of 2025 K.Deepan Chakravarthi ... Petitioner/Accused Vs State rep by its, the Inspector of Police, Mallur Police Station, Salem.

(Crime No.349 of 2024) ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on Anticipatory Bail in connection with the Crime No.349 of 2024 in the event of arrest pending investigation on the file of the respondent police. For petitioner : Mr.M.Vengadesan For Respondent : Mr.S.Udayakumar Government Advocate Crl.side

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 296(b), 115(2), 118(1), 351(3) of BNS, 2023 in Crime No.349 of 2024, on the file of the respondent Page No.1 of 6

police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioner along with another accused abused the defacto complainant in filthy words and assaulted him on his mouth with wooden log. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the injured discharged. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner voluntarily submitted that the petitioner, in order to show his bonafide, is ready and willing to deposit a sum of Rs.10,000/- to the credit of the Crime No.349 of 2024 without prejudice to his right in the above case.

6. Considering the nature of allegations and the submission that the petitioner is willing to deposit an amount of Rs.10,000/- to the credit of Crime No.349 of 2024, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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7. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- [Rupees Ten thousand only] to the credit of Crime No.349 of 2024 before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on anticipatory bail on his executing 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 learned Judicial Magistrate No.VI, Salem, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] 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;

[b] the petitioner shall report before the respondent Police as and when required for interrogation; [c] 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;

[d] the petitioner shall make himself available for interrogation by a Police office as and when required; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to Page No.3 of 6

the directions as may be given by the Court in this regard; [f] the petitioner shall not abscond either during investigation or trial;

[g] 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];

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

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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.

To:

1.The Judicial Magistrate No.VI, Salem.

2.Inspector of Police, Mallur Police Station, Salem.

3.The Public Prosecutor, High Court Madras.

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T.V.THAMILSELVI, J.

gbi Crl.O.P.No.24726 of 2025 12.09.2025 Page No.6 of 6