Suresh v. State Rep By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. Suresh S/o. Venkatesan, Pillayar Kovil Street, Vaagai Nathakollai Village, Vembakkam Taluk, Tiruvannamalai District. and 2 Others
2. Kuppusamy @ Appu S/o. Sekar, No 968, Mettu Theru, Vaagai Nathakollai Village, Vembakkam Taluk,Tiruvannamalai District
3. Gokul S/o. Ramalingam, No.93, Pillayar Kovil Street, Vaagai Nathakollai Village, Vembakkam Taluk, Tiruvannamalai District Petitioner(s) Vs
1. State Rep by The Inspector of police, Dusi Police Station, Tiruvannamalai District. (Crime No. 276 of 2025) Respondent(s)
PRAYER To enlarge the petitioner on bail in the event of arrest in the hands of Respondent in Cr.No. 276 of 2025 pending investigation on the file of the Respondent Police and thus render justice For Petitioner(s):
A Saranraj For Respondent(s):
Mr.S.udayakumar Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1) and 351(3) of BNS 2023 in Crime No. 276 of 2025, seek anticipatory bail.
2. The case of the prosecution is that due to previous enmity, the petitioners along with other accused had abused and attacked the defacto complainant's husband and mother in law with a wooden log, caused grievous injuries to them. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. Therefore, he prays for grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.side) would submit that the injured has been discharged from the hospital and there are no previous cases against the petitioners. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above fact and circumstances of the case and also considering the fact that the victim discharged from the hospital and that there are no bad antecedents against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Cheyyar, Tiruvannamalai, on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition: (a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand
automatically cancelled;
(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];
(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
03-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa
To 1.The Judicial Magistrate, Cheyyar, Tiruvannamalai. 2.State Rep by The Inspector of police, Dusi Police Station, Tiruvannamalai District. (Crime No. 276 of 2025) 3.The Public Prosecutor High Court of Madras.
K.RAJASEKAR J.
mpa CRL OP No. 29827 of 03-11-2025