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2025 DAILYLAW 58762 (MAD)

Rajkumar v. The State Rep. by its Inspector of Police

CRL OP/15167/2025 · 2025-05-16

M Nirmal Kumar

Transfer Petitionbody2025

Judgment text

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CRL OP No. 15167 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-05-2025 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 15167 of 2025 Rajkumar pilliyar kovil street,kalyanamedu village,uthiramerur taluk, kancheepuram District Petitioner(s) Vs 1. The State Rep. by its Inspector of Police, Uthiramerur Police Station, Kancheepuram District. (Crime No.128 of 2025)pilliyar kovil street,kalyanamedu village,uthiramerur taluk, kancheepuram District Respondent(s) PRAYER To enlarge the Petitioners on bail in the event of his arrest by the Respondent Police pending investigation in Crime No. 128 of 2025 on the file of the Respondent Police and thus render justice. https://www.mhc.tn.gov.in/judis CRL OP No. 15167 of 2025 For Petitioner(s): Mr. D.Padmanabhan For Respondent(s): Mr.R.Vinothraja Government Advocate (Crl.Side) ORDER The petitioner, apprehends arrest for the alleged offences under Sections 296 (b), 115 (2), 76, 351 (2), 329 (4) of B.N.S and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.128 of 2025, on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that due to civil dispute between the petitioner and the de-facto complainant, the petitioner illegally trespassed into the de-facto complainant's house, abused her in filthy language and brutally attacked and also criminally intimidated her. Hence, the complaint. 3. The learned counsel appearing for the petitioner submits that the petitioner is not present in the scene of occurrence and he has not committed any such offence as alleged by the prosecution. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant 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 defacto https://www.mhc.tn.gov.in/judis CRL OP No. 15167 of 2025 complainant is the neighbor of the petitioner and the petitioner had illegally trespassed into the de-facto complainant house and attempted to sexually assaulted her. However, he opposed for grant of anticipatory bail to the petitioner. 5. Heard both sides and perused the materials available on record. 6. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioner with 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Uthiramerur, 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 learned Magistrate concerned and on further condition that: [a] 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; https://www.mhc.tn.gov.in/judis CRL OP No. 15167 of 2025 [b] [b] 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 further interrogation; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness 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 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 B.N.S. 16-05-2025 ASI/UMA https://www.mhc.tn.gov.in/judis CRL OP No. 15167 of 2025 To 1. The Inspector of Police, Uthiramerur Police Station, Kancheepuram District. 2. The Judicial Magistrate, Uthiramerur. 3. The Public Prosecutor, High Court of Madras, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 15167 of 2025 M.NIRMAL KUMAR J. asi/uma CRL OP No. 15167 of 2025 16-05-2025 https://www.mhc.tn.gov.in/judis