P.Deepanraj v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA P.Deepanraj ... Petitioner Vs.
The State Represented by The Inspector of Police, Sevvapet Police Station, Thiruvallur Taluk & District.
(Crime No.379 of 2024).
... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police concerned in Crime No.379 of 2024, on the file of the respondent police. For Petitioner :
Mr.Sasi Kumar For Respondent :
Mr.S.Santhosh Government Advocate (Crl.Side) Page No.1 of 5
O R D E R
Apprehending arrest in connection with Crime No.379 of 2024 registered for the offences punishable under Sections 296 (b), 115 (2), 126
(2) and 351 (3) of the Bharathiya Nyaya Sanhita (BNS) Act 2023 and Section 4 of the Women Harassment Act, 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. Learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that a counter complaint has been given against the de-facto complainant and a case was registered in Crime No.380 of 2024. He further submits 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 (Crl. Side) appearing for the respondent Police, opposing for grant Page No.2 of 5
of anticipatory bail, is that due to a property dispute, there arose a wordy quarrel between the petitioner and the defacto complainant. As a result of which, the petitioner attacked the defacto complainant and caused injuries to him. He would further submit that a counter complaint has been given against the de-facto complainant and a case was registered in Crime No.380 of 2024. He further submits that the injured has been discharged from the hospital. He also submits that there is no previous cases pending against the petitioner.
4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. 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 and 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 of receipt of a copy of this order, before the learned Additional Mahila Judge, Tiruvallur, on condition that the petitioner 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 Page No.3 of 5
of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent Police daily at 6.30 p.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 BNS.
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A.D.JAGADISH CHANDIRA , J.
av 13.12.2024 Page No.5 of 5