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CRL OP NO. 1081 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-01-2025 CORAM THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO.1081 of 2025
1. VIGNESH S/o.Soundharaj, No.50, Thoulur Kattuvalavu, Pagalpatti, Omalur Taluk, Salem District. 2.Nirmal, W/o. Senthilkumar, No.12/165, Senganoor Kattuvalavu, Pagalpatti, Omalur Taluk, Salem District. petitioners(s) Vs. The Inspector Of Police, Karupur Police Station, Karupur, Salem District. (Crime No.6 Of 2025) Respondent(s) For petitioners(s): Mr. P.Praveen For Respondent(s): Mr. S.Santhosh,Government Advocate (Criminal Side). ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 310(2) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023, in Crime No.6 of 2025, on the file of the respondent police, seek anticipatory bail. https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that when the de-facto complainant was travelling on a two-wheeler, the petitioners, along with other accused, waylaid and assaulted him and thereby, the de-facto complainant sustained injuries. Hence, this case. 3. Learned counsel for the petitioners submits that the petitioners are innocent persons, who have been falsely implicated in this case. The petitioners are working with the de-facto complainant in the same company, and due to previous enimity, they have been falsely implicated. There are no previous cases pending against the petitioners. Therefore, he prays that anticipatory bail be granted to the petitioners. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed for granting anticipatory bail to the petitioners. He stated that due to a previous enimity, the petitioners, along with other accused, snacted a moblile worth approximately Rs.70,000/- and assualted the de-facto complainant, causing injuries. The injured person has been discharged. The co- accused/A1 and A8 were arrested and are still in jail. Further, he submitted that as far as these petitioners are concerned, no previous case. https://www.mhc.tn.gov.in/judis
5. Having heard the learned counsel for the petitioners and the learned Government Advocate (Crl.
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 and 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 No.2, Salem District, on condition that the petitioners shall execute separate 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, on further condition that: [a] if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] 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; [c] the petitioners shall report before the respondent Police on https://www.mhc.tn.gov.in/judis
everyday at 06:30 P.M until further orders; [d] the petitioners shall not tamper with evidence or witness either during the investigation or during the trial; [e] the petitioners shall not abscond either during the investigation or during the trial; [f] 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 were 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
21-01-2025 klt To: 1.The Inspector Of Police, Karupur Police Station, Karupur, Salem District. (Crime No.6 Of 2025) https://www.mhc.tn.gov.in/judis
A.D. JAGADISH CHANDIRA, J. klt CRL OP NO.1081 of 2025 21-01.2025 0 https://www.mhc.tn.gov.in/judis