Muthukumar v. The State Rep By
CRL OP NO. 32073 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 32073 of 2024 1.Muthukumar 2.Selvi 3.Magesh @ Mageshkumar 4.Mallika 5.Deepika petitioners(s) Vs The State Represented by The Inspector Of Police Velachery Police Station, Chennai District.
Crime No.529 of 2024.
Respondent(s) For petitioners(s):
D.Magesh For Respondent(s):
S.Santhosh Government Advocate (criminal Side).
ORDER
Apprehending arrest in connection with Crime No.529 of 2024, registered for the offences punishable under Sections 191(2), 191(3), 126(2), 296(b), 115(2), 118(1), 351(3) of BNS, the present petition has been filed seeking anticipatory bail.
2.Pleading innocence on the part of the petitioners, false implication in this
case, the learned counsel for the petitioners seeks indulgence of this court. He would submit that they are innocents and no way connected with this case. He would submit that a specific overtact of assault on the defacto complainant has been attributed only to A1. A1 has been arrested and released on bail. As far as these petitioners are concerned they have no role in this case. He would further submit that they are 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 anticipatory bail, is that the accused received an amount of Rs.2,00,00/- from the defacto complainant. When the defacto complainant asked for returning of the said amount, the accused had assaulted the defacto complainant and his son with an iron rod and caused grievous injury, due to which the defacto complainant admitted in hospital and discharged after two weeks. He would further submit that there is no previous case as against the petitioners. 4.Having heard the learned counsel for the petitioners, and the learned Government Advocate (Criminal 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.
5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date
on which the order copy made ready, before the learned XVIII Metropolitan Magistrate, Saidapet, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intend to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioners shall report before the respondent police on everyday at 10.30 a.m., for a period of two weeks, thereafter on every Saturday 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 B.N.S.
09-01-2025 ah
A.D.JAGADISH CHANDIRA, J.
ah To 1.The XVIII Metropolitan Magistrate, Saidapet. 2.The Inspector Of Police Velachery Police Station, Chennai District.
3.The Public Prosecutor, High Court, Madras.
CRL OP NO.32073 of 2024