- Court
- High Court of Madras
- Decided
- 28 May 2025
- Bench
- S Justice K. Govindarajan Thilakavadi
- Case no.
- CRL OP 15959/2025
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Judgment
ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 121(1), 132, 351(ii) of BNS, 2023 (Under Sections 294(b), 332, 353, 506(ii) of I.P.C. in Crime No.130 of 2025, on the file of the respondent police, seek anticipatory bail.
¶2The case of the prosecution is that there arose a verbal altercation between the petitioners and the respondent police intervened and attempted to pacify the situation. In continuation of the incident, the petitioners are alleged to have attacked the respondent police. Hence, the case.
¶3The learned counsel appearing for the petitioners submitted that the petitioners are innocent; that they have been falsely implicated in this case; that the petitioners have no bad antecedents in any case, custodial interrogation of the petitioners is not required and sought for anticipatory bail.
¶4The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case.
¶5Taking into consideration the facts and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
¶6Accordingly, 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 No. II, Tirupattur 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 conditions 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 their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioners shall report before the concerned Judicial Magistrate daily at 10:30 a.m. for a period of two months and thereafter shall report before the respondent police as and when required for interrogation. [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
K. GOVINDARAJAN THILAKAVADI, J. uma/gv 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.
28.05.2025 Note:-
¶1Registry is directed to forthwith upload this order in the official website of this Court.
¶2All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. To:
¶1Inspector of Police, Kandili Police Station, Thirupattur District.
¶2The Judicial Magistrate No. II, Tirupattur.
¶3The Public Prosecutor, Madras High Court. CRL. O.P. NO. 15959 of 2025
Case details
Parties and counsel
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.05.2025 CORAM THE HON'BLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI CRL. O.P.No.15959 of 2025 1. Palani 2. Magalingam ... Petitioners Vs The State Rep. by the, Inspector of Police, Kandili Police Station, Thirupattur District. (Crime No.130 of 2025) ...Respondent Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner/Accused on anticipatory bail in the event of arrest in Crime No. 130 of 2025 pending on the file of the respondent police. For petitioner : M/s.E.Kannadasan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.