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2025 DAILYLAW 222966 (MAD)

Pradeep Alias Pradeep Kumar v. State rep. by

CRL OP/29693/2025 · 2025-10-31

K Rajasekar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 29693 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31-10-2025 CORAM THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP No. 29693 of 2025 Pradeep @ Pradeep Kumar Petitioner(s) Vs State rep. by The Inspector of Police Kurisilapet, Tirupattur District. Crime No. 140 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the Petitioner on bail in the event of his arrest by the Respondent Police in Crime No. 140 of 2025 on the file of the Respondent police. For Petitioner(s): Mr.K.Arumugam For Respondent(s): Mr.S.Udaya Kumar Government Advocate (Crl. Side) https://www.mhc.tn.gov.in/judis CRL OP No. 29693 of 2025 ORDER The petitioner apprehends arrest for the alleged offence under Sections 193(2), 296(b), 115(2), 118(1), 351(3) of BNS, in Cr.No.140 of 2025, on the file of the respondent police seeks anticipatory bail. 2. The prosecution's case is that the 1 st accused, Hari Balaji, in furtherance of a prior enmity, jointly attacked the defacto complainant, Madhankumar, along with the petitioner and other accused. Hence, the case. 3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and on account of previous enmity, a false case has been lodged against the petitioner. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for anticipatory bail to the petitioner. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured had sustained simple injury and discharged from this hospital. Hence, he opposed to grant bail to the petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 29693 of 2025 5. Heard both sides and perused the materials available on record. 6. Considering the facts and circumstances of the case, the submissions made by both counsels, and taking note of the fact that the petitioner is not having any specific overt act, the injured discharged from the hospital and I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 7. Accordingly, 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 on which the order copy made ready, before the learned Judcial Magistrate No.II, Tirupattur on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that: (a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. https://www.mhc.tn.gov.in/judis CRL OP No. 29693 of 2025 The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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 BNS Act. 31-10-2025 gbi https://www.mhc.tn.gov.in/judis CRL OP No. 29693 of 2025 To 1.State rep. by The Inspector of Police Kurisilapet, Tirupattur District. Crime No. 140 of 2025 2.The Judicial Magistrate No.II, Tirupattur. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 29693 of 2025 K.RAJASEKAR J. gbi CRL OP No. 29693 of 2025 31-10-2025 https://www.mhc.tn.gov.in/judis