K Surya Prasanth v. State Rep. By The Inspector Of Police (L And O)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-12-2024
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31258 of 2024 K Surya Prasanth Petitioner(s) Vs State rep. by The Inspector of Police (L and O) D4, Kuniyamuthur Police Station, Coimbatore City (in Crime No.421 of 2024) Respondent(s) For Petitioner(s):
Aranganathan Arunkumar S.Venkateswaran N.Seshadhri K.R.Pugazhendhi K.Venkatesan For Respondent(s):
Public Prosecutor
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 296(b), 232, 351(3) of BNS, in Crime No.421 of 2024, pending on the file of the respondent police, seeks anticipatory bail.
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2. Learned counsel appearing for the petitioner submitted that the petitioner is facing trial in C.C.No.59 of 2024 on the file of learned Judicial Magistrate No.7, Coimbatore, He further submitted that the petitioner has been regularly appearing before the trial Court on all hearing dates. In order to put him under fetters, a false complaint has been given. He also submitted 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 appearing for the respondent police, opposing for grant of anticipatory bail, is that the petitioner, who is an accused facing trial in C.C.No.59 of 2024 before the learned Judicial Magistrate No.7, Coimbatore had threatened the defacto complainant / L.W.5 therein not to depose any evidence and offered him a sum of Rs.5 Lakhs. When the same was refused, the petitioner intimidated him. He further submitted that the petitioner has got 11 previous cases pending against him.
4. In reply, the learned counsel for the petitioner submitted that some of the cases have been registered for the offence under Section 75 (1)(c) of 2/6
the TNCP Act and in some of the cases, the petitioner has been acquitted. Therefore, he seeks for anticipatory bail.
5. Having heard the learned counsel for the petitioner and the learned Advocate (Crl. Side) for the respondent Police and perused the materials available on record and also considering the status of the previous cases pending against the petitioner, 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 fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.7, Coimbatore, 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 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.
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[b] the petitioner shall appear before the learned Judicial Magistrate No.7, Coimbatore on all working dates 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 269 B.N.S.
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To 1.The Judicial Magistrate No.7, Coimbatore
2. The Inspector of Police (L and O) D4, Kuniyamuthur Police Station, Coimbatore City 5/6
A.D.JAGADISH CHANDIRA , J.
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