C.Munuswamy v. The State Rep by, The Inspector of Police,
CRL OP/2999/2025 · 2025-02-07
Sunder Mohan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 21771 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21771 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-02-2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 2999 of 2025 C.Munuswamy S/o.Chengalvarayan No.2/72, Egumadhurai, Arambakkam Post Gummidipoondi Taluk Thiruvallur District - 601 201. Petitioner(s) Vs The State Rep by, The Inspector of Police, F3, Arambakkam Police Station, Tiruvallur District- 601 201. Crime No.654/2024. Respondent(s) For Petitioner(s): Vasantha kumar S.Shankar R.Simon David C.Pushparaj
For Respondent : Mr.S.Balaji Government Advocate(Crl.Side) ORDER The Petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 351(3) & 109 of BNS, 2023, in Crime No.654 of 2024 on the file of the respondent police, seeks anticipatory bail. 1/4 https://www.mhc.tn.gov.in/judis
2.The case of the prosecution is that due to previous enmity between the defacto complainant and the petitioner, the petitioner abused the defacto complainant in filthy language, assaulted him with wooden log and caused injuries to him and also threatened him with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioner submits that the petitioner is innocent person and he has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) submits that it is a case and case in counter. The injured person has already been discharged from the hospital. He further submits that there is no previous case pending against this petitioner. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record. 2/4 https://www.mhc.tn.gov.in/judis
6. Considering the nature of the complaint and custodial interrogation of the petitioner is not required for the investigation, this Court is inclined to grant anticipatory bail to the petitioner.
Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate Court, Gummidipoondi, 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 said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner 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 Petitioner in accordance with law as if the conditions have been imposed and 3/4 https://www.mhc.tn.gov.in/judis
SUNDER MOHAN , J. rpl 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 vs. State of Kerala [(2005)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 07.02.2025 Index : Yes / No Internet : Yes / No rpl To 1.The Inspector of Police, F3, Arambakkam Police Station, Tiruvallur District-601 201. 2.The Public Prosecutor, Madras High Court, Chennai. Crl.O.P.No.2999 of 2025 4/4 https://www.mhc.tn.gov.in/judis