N.Sekar v. The State Rep by Its, the Inspector of Police

O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 109[1], 118[1], 126[2], 196[b], 351[3] of BNS 2023, in Crime No.4 of 2025, on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that due to previous enmity, the petitioner is alleged to have assaulted the son of the defacto complainant and caused injury. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the injured has been discharged from the hospital and that the petitioner is not involved in any previous case.

¶5Considering the submissions of both sides and also of the fact that the victim has been discharged from the hospital and there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

¶6Accordingly, 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 learned XV Metropolitan Magistrate, George Town, Chennai 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 Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of one month and thereafter, as and when required for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial; [c] the petitioner shall not abscond either during investigation or trial. [d] 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 v. State of Kerala [(2005) AIR SCW 5560]. [e] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the B.N.S.

17.01.2025 vrc To,

¶1The XV Metropolitan Magistrate, George Town, Chennai.

¶2The Inspector of Police, H.6 R.K.Nagar, Police Station, Chennai.

¶3The Public Prosecutor, High Court of Madras.

G.R.SWAMINATHAN, J. vrc Crl.O.P. No.1289 of 2025

17.01.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.01.2025 CORAM: THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P. No.1289 of 2025 N.Sekar ... Petitioner Vs. State rep. by its The Inspector of Police, H.6 R.K.Nagar, Police Station, Chennai. ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS for granting anticipatory bail to the petitioner. For Petitioner : Mr.D.Padmanabhan For Respondent : Mr.S.Santhosh Government Advocate [Criminal Side]