Chandrasekar v. State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-12-2024
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31234 of 2024 CHANDRASEKAR S/O. ARUMUGAM, NO.5, MADHA KOIL STREET, MARAKKANAM, VILLUPPURAM DISTRICT PETITIONER(S) Vs STATE REP BY, THE INSPECTOR OF POLICE MARAKKANAM POLICE STATION, VILLUPURAM DISTRICT. CRIME NO. 857 OF 2024 RESPONDENT(S) For Petitioner(s):
S SEENUVASAN S.SEENUVASAN S.THIRUGNANAM K.PRABHU For Respondent(s):
Mr.S.Santhosh Advocate (Crl.Side)
ORDER
Apprehending arrest in connection with Crime No.857 of 2024 registered for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS, the present petition has been filed by the petitioners seeking anticipatory bail. Page No.1 of 4
2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seek indulgence of this Court. 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 put forth by the learned Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioners allegedly trespassed into the land of the defacto complainant and cut the trees. When the same was question, the petitioners herein attacked the defacto complainant's son with knife and wooden log, due to which, he sustained multiple injuries. He further submitted that there two previous cases as against the petitioners 1 to 3, which is similar in nature.
4. Having heard the learned counsel for the petitioners and the learned Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, they are ordered to be released on bail in the event of arrest or on their appearance within a period Page No.2 of 4
of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Tindivanam, Villupuram District, on condition that the petitioners shall execute separate 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 petitioners 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 petitioners shall stay at Chennai and report before the Inspector of Police, Periamet Police Station everyday at 10.30 a.m., for a period of two weeks and thereafter every Saturday at 10.30 a.m., before the respondent police until further orders.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners shall not abscond either during investigation or trial.
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A.D.JAGADISH CHANDIRA , J.
Anu [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.
16.12.2024 Anu Note:Issue order copy on 17.12.2024 To
1. THE INSPECTOR OF POLICE MARAKKANAM POLICE STATION, VILLUPURAM
2. The Judicial Magistrate No.II, Tindivanam, Villupuram District Page No.4 of 4