D.Ayyanar Alias Ramachandran v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP No. 30520 of 2024 D.Ayyanar Alias Ramachandran S/o.Desingu, No.11/25, Voc Street, Chettipunyam, Kanchipuram - 603204.
...Petitioner
Vs State Rep by, The Inspector Of Police, T-9, Maraimalai Nagar Police Station, Tambaram, Chengalpattu.
Crime No.220 Of 2024.
...Respondent
Dinesh ...Intervenor For Petitioner:
Mr.K.Thenrajan For Respondent:
Mr.S.Santhosh Government Advocate (Crl.Side) For Intervenor:
Mr. G.Magesh Kumar
ORDER
Apprehending arrest in connection with Crime No.220 of 2024 registered for the offences punishable under Sections 191(2), 191(3), 296(b),
118(1), 109(1) and 351(3) of BNS, 2023, the present petition has been filed seeking anticipatory bail.
2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would submit that, even as per the FIR, the defacto complainant's mother had slapped the petitioner initially and the alleged incident occurred in retaliation. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail is that, on 18.11.2024 at about 5.00 p.m., the defacto complainant questioned the accused while they were consuming liquor in front of the house, due to which, the accused had abused the defacto complainant and assaulted his mother with knife and wooden log, resulting in her sustaining injuries. He would submit that, the injured now been discharged from the hospital. He would further submit that there is no previous case pending against the petitioner.
4. Learned counsel appearing for the intervenor would vehemently opposed for the grant of anticipatory bail to the petitioner.
5. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police, the learned counsel for the intervenor and perused the materials available on record, 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 made ready, before the learned Judicial Magistrate II, Chengalpattu, 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 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 his Aadhar card or Bank pass Book to ensure their identity;
A.D.JAGADISH CHANDIRA , J.
dsn [b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders; [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 269 of B.N.S.
02.01.2025 (1/2) dsn