Prakash @ Jeppiyar Boominathan v. The State Rep By

CRL OP NO.30834 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-12-2024

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO.30834 of 2024 Prakash @ Jeppiyar Boominathan Petitioner(s) Vs State rep. by The Inspector of Police, T-1, Ambattur Police Station, Chennai.

Respondent(s) PRAYER: Criminal Original Petition is filed under Section 482 of BNS, pleased to enlarge the petitioner on bail in the event of the arrest of the petitioner in Crime No.1233 of 2024 on the file of the respondent police. For Petitioner(s):

Veera Narayanan For Respondent(s):

S.Santhosh Government Advocate (Crl. Side)

ORDER

Apprehending arrest in connection with Crime No.1233 of 2024, registered for the offences punishable under Sections 329(4), 296(B), 118(1) and 351(3) of BNS Act,

the present petition has been filed seeking anticipatory bail. 2.The case of the prosecution is that due to a pathway dispute the petitioner along with others abused the defacto complainant in filthy language and the co-accused attacked the defacto complainant's husband with his hands in which he sustained simple blood injury and they threatened him with dire consequences. Hence, the case.

3.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 he is ready to abide by any stringent condition that may be imposed by this Court.

4.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 due to a pathway dispute the petitioner along with others abused the defacto complainant in filthy language and the co-accused attacked the defacto complainant's husband with his hands in which he sustained simple blood injury. He would further submit that there is no previous cases as against this petitioner.

5.Having heard the learned counsel for the petitioner, and the learned Government

Advocate (Criminal Side) for the respondent Police 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 Court, Ambattur, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intend 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; [b] the petitioner shall report before the respondent police on every day at 10.30 a.m., for a period of two weeks and thereafter on every Saturday 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 abscond, a fresh FIR can be registered under Section Section 269 of B.N.S.

11-12-2024 To 1.Judicial Magistrate, Ambattur, Chennai.

2.The Inspector of Police, T-1, Ambattur Police Station, Chennai.

A.D.JAGADISH CHANDIRA, J.

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CRL OP NO. 30834 of 2024 11.12.2024