Dhanaseelan v. State By Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.12.2024

CORAM

THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI Crl.O.P.No. 32400 of 2024 Dhanaseelan ... Petitioner Vs State by Sub- Inspector of Police, Dusi Police Station, Thiruvannamalai District [Cr. No. 592 of 2024] ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., praying to grant anticipatory bail to the petitioner in the event of his arrest in connection with the Crime No.592 of 2024, pending investigation on the file of the respondent Police.

For Petitioner : Mr.A.Anbharasu For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side) 1/7

ORDER

The petitioner, who apprehends arrest for the alleged offences under Sections 296(b), 126(2), 118(1) and 351(2) of BNS 2023 in Crime No.592 of 2024, on the file of the respondent police seeks anticipatory bail. 2.

The case of the prosecution is that on 15.12.2024 around 09.00 p.m. when the defacto complainant's brother's son returning to his home after his work from Kanikilluppai village, the petitioner along with other accused pushed him into a thorn bush beside the road and scolded him and also threatened him, due to which he sustained injury on his right eye and admitted in the hospital for treatment. Hence, the complaint was registered against the petitioner.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would submit that the petitioner has been falsely implicated in this case and he is ready to abide any condition that may be imposed by this Court. He would submit that co-accused/A1 and A2 were enlarged on bail by this court. Accordingly, he 2/7

prays to grant anticipatory bail to the petitioner. 4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner along with other accused pushed the defacto complainant's brother's son into a thorn bush beside the road and scolded him and also threatened him. Furthermore, considering the gravity of offence, he opposed for grant of anticipatory bail to the petitioner.

5.

Considering the representations made by both sides and nature of offences charged against the petitioner and the fact that coaccused/A1 and A2 were arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the Judicial Magistrate, Cheyyar 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 learned 3/7

Magistrate concerned and on further condition that: [a] 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.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m. for the period of 30 days and thereafter as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the 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 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].

[h] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

27.12.2024 rpp 4/7

To 1.The Judicial Magistrate, Cheyyar.

2.The Inspector of Police, Dusi Police Station, Thiruvannamalai Dt. 3.The Public Prosecutor, High Court, Madras 5/7

L.VICTORIA GOWRI J.

rpp Crl.O.P.No. 32400 of 2024 27.12.2024 6/7

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