Crl.O.P.No.31895 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-01-2025 CORAM THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31895 of 2024 1.Velmurugan 2.Saravana Kumar 3.Jayanthi 4.Alagarswamy Petitioner(s) Vs The State represented by, The Inspector of Police, E-5 Sholavaram Police station, Chennai- 600 067. Crime No.1099 of 2024. Respondent(s) For Petitioners: Mr.G.Thyagarajan For Respondent: Mr.S.Santhosh Government Advocate (Crl.Side) ORDER Apprehending arrest in connection with Crime No.1099 of 2024 registered for the offences punishable under Sections 316(2), 318(4) and 351(2) of BNS, 2023, the present petition has been filed seeking anticipatory bail. 2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this court. He would submit that the defacto complainant is none other then the wife of the https://www.mhc.tn.gov.in/judis Crl.O.P.No.31895 of 2024 first petitioner. He would submit that the defacto complainant without the knowledge of the family members has received huge amounts from several persons to live her luxurious life and spent the money and when it was questioned by the first petitioner/husband, she has deserted him and ran out of the matrimonial home, leaving the children behind them. Subsequently, she had come along with the henchmen to the house and had assaulted the first petitioner and his father who is fourth petitioner, aged about 78 years, resulting in injuries and as a counter blast, she has given a false complaint, as if the petitioners have cheated and also intimidated her. He would further submit that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. 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 bail, is that, the first petitioner is running a fancy store and in order to develop his store, the first petitioner along with other accused had induced the defacto complainant and received an amount of Rs.20 lakhs and when the defacto complainant asked for the return of money, the accused jointly assaulted and intimidated the defacto complainant. 4. 4. Heard the learned counsel for the petitioners, the learned https://www.mhc.tn.gov.in/judis Crl.O.P.No.31895 of 2024 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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Ponneri, 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 respondent police or the police officer who intends 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] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of one week and thereafter, the first petitioner shall appear before the respondent police on every Saturday at 6.30 p.m. until further orders; https://www.mhc.tn.gov.in/judis Crl.O.P.No.31895 of 2024 A.D.JAGADISH CHANDIRA , J. dsn [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 thelearned 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. 21.01.2025 dsn Crl.O.P.No.31895 of 2024 https://www.mhc.tn.gov.in/judis