Dilliganesh v. The State Rep By

CRL OP NO.32207 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO.32207 of 2024 Dilliganesh S/o Shankar N/o.-5, Ponniyamman Kovil Street, Purasaiwalkam,Chennai-600007.

Petitioner(s) Vs.

The State Rep. By, THE INSPECTOR OF POLICE, E3 Teynampet Police Station, Teynampet, Chennai.

(Crime No.513/2024) Respondent(s) For Petitioner(s):

CORNIELLE INBARAJ M.K.Yukanth,M.Habishashiji,S.Appu For Respondent(s):

Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 308(2) & 351(3) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S), in Crime No.513 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, along with some others, went to a bar and had ordered three beer bottles and consumed it there.

However, without paying the bill, they have tried to leave the bar. The de-facto complainant, who was a bouncer at the bar, asked them to pay the bill or else he would inform the Manager, and thereby, a brawl arose between the petitioner and the de-facto complainant. The petitioner and the others allegedly abused and also threatened the de-facto complainant with a deadly weapon. Hence, this case.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The de-facto complainant had demanded more money for the liquour supply due to which a quarrel ensued between them. Hence, a false case has been foisted against the petitioner. There are no previous cases pending against the petitioner. Therefore, he prays that anticipatory bail be granted to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed for granting anticipatory bail to the petitioner. The petitioner assaulted and abused the de-facto complainant and also threatened him.

5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing 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 18th Metropolitan Magistrate, Saidapet, Chennai on condition that the petitioner 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 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 on everyday at 10:30 A.M., until further orders; [d] the petitioner shall not tamper with evidence or witness either during the investigation or during the trial; [e] the petitioner shall not abscond either during the investigation or during the 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 was 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

02.01.2025 klt To The State Rep. By, THE INSPECTOR OF POLICE, E3 Teynampet Police Station, Teynampet, Chennai.

(Crime No.513/2024)

A.D. JAGADISH CHANDIRA, J.

klt CRL.OP. No. 32207 of 2024 02.01.2025