Baranidharan Lakshmipathi v. State Rep By, Inspector Of Police
CRL OP NO. 32447 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.01.2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 32447 of 2024 1.Baranidharan Lakshmipathi 2.M.Rahilan petitioner(s) Vs The Inspector Of Police, Kelambakkam Police Station.
Respondent(s) For petitioner(s):
R.Suryanarayanan For Respondent(s):
S.Santhosh Government Advocate (criminal Side).
ORDER
Apprehending arrest in connection with Crime No.264 of 2024, registered for the offences punishable under Sections 191(2), 191(3), 127(2), 115(2), 118(1), 351(3) of BNS r/w Section 67 of Information Technology Act, 2008, the present petitions have been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioners, false implication in this case, learned counsel for the petitioners seeks indulgence of this court. He would submit that they are innocent and no way connected with this case. He would further submit that they are ready to abide by any stringent condition that may be imposed by this Court. The learned counsel for the petitioner would submit that the petitioners are the students studying in Hindustan College of Engineering and
their names have been unknowingly dragged in this case on account of suspicion. He would further submit that the defacto complainant harassed the cousin sister of A1 and thereby, there arose a quarrel and a false complaint has been given against the petitioners. He would further submit that there is a case and a case in counter. Hence he prayed for grant of anticipatory bail to the petitioners. 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 bails, is that the defacto complainant's sister's son Abdulla, aged 19 years was studying ECE, 2nd year in Hindustan College of Engineering and that the accused who are students in the same college have compelled him and taken him to their hostel, where they have indiscriminately attacked him with pipes causing grievous injuries to him and they have also telecasted the attack live in Instagram and Facebook.
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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Magistrate Court, Tiruporur, on condition that the petitioners shall execute a bond
for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, one of which shall be either father or mother of the petitioners, 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 Care Taker, Karunai Illam, Missionaries of Charity Brothers, No.74-B, L.D.G. Road, Little Mount, Saidapet, Chennai - 600 015, Contact No.044-2235 1762, every Saturday at 10.
30 a.m., for a period of four weeks and assist the attendants who are taking care of the inmates and they shall obtain a certificate from the Care takeer of the home regarding the work done by them and also to appear before the respondent police every alternate Saturday at 06.30 p.m.
[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 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];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
20-01-2025 ah To 1.The District Munsif cum Judicial Magistrate, Tiruporur. 2.The Inspector of Police Kelambakkam Police Station.
3.The Public Prosecutor, High Court, Madras.
A.D.JAGADISH CHANDIRA, J.
ah CRL OP NO.32447 of 2024 20.01.2025