Aravindan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-12-2024

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 30961 of 2024 ARAVINDAN S/o.Muthaiya, No. 536, Pattukottai Azhakiri Street, Thanigai Nagar, Thandal Kazhani, Madhavaram, Thiruvallur District - 600 066.

Petitioner(s) Vs State Rep. By The Inspector Of Police, M 3, Puzhal Police Station, Chennai. (crime No.940 of 2024) Respondent(s) For Petitioner(s):

Veera Narayanan J.Samiullah For Respondent(s):

Public Prosecutor

ORDER

Apprehending arrest in connection with Crime No.940 of 2024 registered for the offences punishable under Sections 309(4) and 311 of BNS, the present petition has been filed by the petitioner seeking anticipatory bail.

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2. Pleading innocence on the part of the petitioner/A2, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that the petitioner is only 19 years old, who only held the hands of the defacto complainant and he is ready to abide by any stringent condition that may be imposed by this court.

3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that on 15.11.2024 at about 11.10 a.m. the petitioner along with another accused, waylaid and threatened the defacto complainant and snatched Rs.2,000/- from his shirt pocket. He would submit that there are no previous cases 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, he is ordered to be released on bail in the event of arrest or on his appearance within a period of Page No.2 of 4

fifteen days from the date of receipt of a copy of this order, before the learned District Munsif Cum Judicial Magistrate Court, Madhavaram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, of which one shall be either father or mother of the petitioner, 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 their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday at 06.30 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 Page No.3 of 4

A.D.JAGADISH CHANDIRA , J.

Anu 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 269 B.N.S.

12.12.2024 Anu To 1.The District Munsif Cum Judicial Magistrate Court, Madhavaram 2.The Inspector Of Police, M 3, Puzhal Police Station, Chennai Page No.4 of 4