Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 4003 of 2025
1. Venkatachalam
2. Subramani
3. Kubendiran
Petitioner(s) Vs The State rep by its, The Inspector of Police, Harur Police Station, Dharumapuri District. (Crime No.29 of 2025) Respondent(s) For Petitioner(s): M P Saravanan For Respondent(s): Mr.S.Balaji, Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 351(2) of BNS 2023 in Crime No. 29 of 2025, seek anticipatory bail.
2. The case of the prosecution is that on 18.01.2025, when the defacto complainant was involved in construction work near his house, at
the time, the accused persons picked up a quarrel and abused him in filthy language and also damaged the JCB vehicle; and that when the defacto complainant enquired the same, the petitioners assaulted him with stones and caused injuries to him. Hence the case.
3. Learned counsel appearing for the petitioners submitted that a
counter case has been registered based on the complaint given by the petitioners against the de facto complainant; and that custodial interrogation of the petitioners is not necessary in this case. Hence, he prayed for grant of anticipatory bail to the petitioners. 4.Learned Government Advocate (Crl.Side) appearing for the respondent police, confirmed the fact that there is a case in counter and also submitted that the injured has been discharged from the hospital.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
6. Considering the fact that the injured has been discharged from
the hospital, nature of allegation against the petitioners and since the custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions
(a) 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 Judicial Magistrate, Harur, on condition that the petitioners 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 said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
17-02-2025 drl To
1. The Inspector of Pollce, Harur Police Station, Dharumapuri District. SUNDER MOHAN, J drl CRL OP NO. 4003 of 2025 17.02.2025