Anand Raj v. State, Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Anand Raj ... Petitioner Vs.

The State represented by, The Inspector of Police, Teynampet Police Station, Chennai District.

(Crime No.254 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of BNSS, pleased to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.254 of 2024, on the file of the respondent. For Petitioner :

Mr.J.Jawahar For Respondent :

Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

Apprehending arrest in connection with Crime No.254 of 2024 1/6

registered for the offences punishable under Sections 296(b), 115, 351(2), BNS r/w Section 4 of TNPHW Act, the present petition has been filed seeking anticipatory bail.

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 the Bar manager and there is no specific allegation against the petitioner and in fact, the petitioner was not in that place when the defacto complainant's wife was assaulted. 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 putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that on 20.07.2024 at 02.00 AM., when the defacto complainant and his wife were at the restro bar, in Hyatt Hotel Residency, Annasalai, Chennai, the accused came to their table and demanded Instagram ID of his wife and misbehaved with them. This led to a quarrel between the 1st accused and the complainant. The 1st accused used unparliamentary words and threatened the 2/6

complainant with dire consequence.

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 XVIII Metropolitan Magistrate, Saidapet 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 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 AM., until further orders; 3/6

[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 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.

19.12.2024 rst To 1.The XVIII Metropolitan Magistrate, Saidapet.

2.The Inspector of Police, Teynampet Police Station, Chennai District.

3.The Public Prosecutor, 4/6

High Court, Madras.

5/6

A.D.JAGADISH CHANDIRA., J.

rst 19.12.2024 6/6