Vetrivel R v. State Rep. By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.01.2025

CORAM

THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA

1. Vetrivel

2. Surendar @ Sudarvendan ... Petitioners Vs The State, rep by the Inspector of Police, J-1 Saidapet Police Station, Chennai District.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge these petitioners on bail in the event of apprehending arrest by the respondent police in the above Crime No.420 of 2024.

For Petitioners :

Mr.A.Manikandan For Respondent :

Mr.Santhosh Government Advocate (Crl.Side)

ORDER

Apprehending arrest in connection with Crime No. 610 of 2024 registered for the offences punishable under Sections 296(b), 118(1), 351(3) of BNS and Section 3 of Tamil Nadu Public Property (Prevention of Damage and

Loss) Act, the present petition has been filed by the petitioners seeking anticipatory bail.

2.

The case of the prosecution is that due to wordy quarrel, the petitioners and other accused persons abused the defacto complainant with filthy words and also attacked him with helmet and also caused damage to his two wheeler. Hence, the case.

3.

Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. He further submits that the petitioners are 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 defacto complainant is rapido bike driver and the petitioners and others attacked him and also caused damage to his bike. He further submitted that the injured has been discharged from the hospital.

5.

Having heard the learned counsel for the petitioners 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 petitioners with certain conditions and accordingly the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned IX Metropolitan Magistrate, Saidapet, Chennai, on condition that the petitioners shall execute a 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 petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioners shall report before the respondent Police daily at 10.30 a.m., 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;

[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 of BNS.

02.01.2025 Index : Yes/No Internet : Yes/No rts

To

1. The Inspector of Police, J-1 Saidapet Police Station, Chennai District.

2.The Public Prosecutor, High Court, Madras.

A.D.JAGADISH CHANDIRA, J, rts 02.01.2025