Vetri Alias Vetrikumaran v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.12.2024

CORAM

THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA Vetri @ Vetrikumaran ....

Petitioner Vs State Rep. by The Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District.

....

Respondent Prayer: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.265 of 2022, pending on the file of the respondent.

For Petitioner :

Mr.Kannadan E For Respondent :

Mr.Santhosh Government Advocate (Crl.Side)

ORDER

Apprehending arrest in connection with Crime No.265 of 2022 registered for the offences punishable under Sections 147, 148, 294(b), 323, 324 & 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of 1/5

Women Act, the present petition has been filed by the petitioner seeking anticipatory bail.

2. Due to pathway dispute between the petitioner's family and the defacto complainant's grandmother, the petitioner is alleged to have attacked the de facto complainant and his family members, due to which, he and his family members sustained injuries. Hence, a case has been registered.

3. Pleading innocence on the part of the petitioner, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioners would submit that the petitioner is innocent and that a case has been fabricated against him. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

4. The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the petitioner assaulted the defacto complainant and his family members with hand and knife, due to which he sustained injuries. He would submit that the petitioner has no previous case pending against him. 2/5

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 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 Judicial Magistrate, Vaniyambadi, 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: [a] if the petitioner fails to surrender before the said Magistrate within a period of three weeks this Order shall stand automatically cancelled;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required;

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the 1st 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 1st petitioner in accordance with law as if the conditions have been imposed and the 1st 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.

18.12.2024 Index : Yes/No Internet : Yes/No rpl To 1.The Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District 2.The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA, J, rpl 18.12.2024 5/5