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Madras High CourtCRL OP/26501/2025granted

Dinesh Kumar v. The State Rep. By The Inspector Of Police

2025-09-25Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Dinesh Kumar S/o Ganapathy No. 9B, V.D.Palayam Colony, Gudiyatharn Taluk, Vellore District.

Petitioner(s) Vs

1. The State Rep. by The Inspector of Police K.V.Kuppam Police Station, Vellore District, (Crime No 285 of 2024).

Respondent(s) PRAYER To enlarge the petitioner on bail in the evernt of his arrest in Crime No. 285 of 2024 on the file of the respondent police and thus render justice. For Petitioner(s):

K Sathish Kumar M.Sathish Kumar S.Raja Ravi Varma Ajith Kumar B.Karthik

For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 194(1) of BNS Act 2023 @ 296(b) and 103(1) of the BNS Act @ 296(b), 103(1) and 49 of BNS Act in Crime No.285 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that he is ranked as accused No.4. Accused Nos. 1 to 3 committed murder at one Vittal Kumar, on 16.12.2024, by attacking the deceased with iron rod. This petitioner helped the A1 to A3, and harboured them. Based on the statement recorded from co-accused this petitioner is arrayed as accused.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. Therefore, he prays to grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, opposed granting anticipatory bail to the petitioner and reiterated the prosecution case. He further submitted that there are 2 previous cases pending against the petitioner.

5. Considering the nature of the allegation and the fact that the petitioner has not involved in attacking the deceased and fact that final report is also filed, I am 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 on which the order copy made ready, before the learned Judicial Magistrate, Katpadi, Vellore District, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (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;

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

25-09-2025 mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Judicial Magistrate, Katpadi, Vellore District. 2.The State Rep. by The Inspector of Police K.V.Kuppam Police Station, Vellore District, (Crime No 285 of 2024).

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 26501 of 25-09-2025