Veerapandian v. The State Rep By
IN THE HIGH COUR OF JUDICATURE AT MADRAS
DATED : 17.12.2024 CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA S.Veerapandian .... Petitioner
Versus
The State, Represented by The Inspector of Police P-2 Otteri Police Station Chennai Crime No. 896 of 2024
...Respondent
Prayer : Criminal Original Petition filed Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on anticipatory on bail in the event of his arrest by the respondent in Crime No. 896 of 2024 on the file of the respondent police. For Petitioner :
Mr.G.Magesh Kumar For Respondent :
Mr.S.Santhosh Kumar Government Advocate (Criminal Side) ---- Page No.1 of 6
ORDER
Apprehending arrest in connection with Crime No.896 of 2024 registered for the offences punishable under Sections 296(b), 118(1), 351(3) of BNS and Section 4 of TNPHW Act, the present petition has been filed seeking anticipatory bail.
2.The case of the prosecution is that there was wordy quarrel between the petitioner and the de-facto complainant. The petitioner also threatened the de-facto complainant of dire consequences. Hence the complaint.
2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that the petitioner is innocent and false complaint has been given against the petitioner. He would submit 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 Government Advocate (Criminal Side) appearing for the respondent police, Page No.2 of 6
opposing for grant of bail, is that there was wordy quarrel between the petitioner and the de-facto complainant. The petitioner also threatened here with dire consequences. He further submits that there is no previous case 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 fifteen days from the date of receipt of a copy of this order, before the learned X Metropolitan Magistrate, Egmore, Chennai, 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 said Magistrate, on further condition that: Page No.3 of 6
[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] 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;
[c] the petitioner shall report before the respondent Police everyday at 10.30 a.m for a period of two weeks and thereafter, everyday at 10.30 am until further orders; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial;
[f] 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 Page No.4 of 6
by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
17.12.2024 MSM Page No.5 of 6
A.D.JAGADISH CHANDIRA , J.
MSM Crl.O.P.No.31457/224 17.12.2024 Page No.6 of 6