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2025 DAILYLAW 79655 (MAD)

Kishore v. The State Rep. by Inspector of Police,

CRL OP/20665/2025 · 2025-09-10

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 20665 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-09-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL OP No. 20665 of 2025 1. Kishore Petitioner(s) Vs 1. The State Rep. by Inspector of Police, Omerabad Police Station, Thirupathur District. (Crime No.247 of 2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant an anticipatory bail to the petitioner in event of his arrest in Crime No.247 of 2025 pending on the file of the respondent police. For Petitioner(s): Mr.Gopalakrishnan B For Respondent(s): Mr.S.Udayakumar Government Advocate (Crl.side) https://www.mhc.tn.gov.in/judis CRL OP No. 20665 of 2025 ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 309(5) of BNS Act 2023, in Crime No.247 of 2025, on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that the petitioner entered the defacto complainant's house, threatened her, and demanded her jewels. When she resisted and shouted, the petitioner was pushed, and nearby residents rushed to the scene. The petitioner then fled the spot. Hence, the complainant. 3. The learned counsel for the petitioner is innocent; that he has been falsely implicated in this case; and that in any case custodial interrogation of the petitioner is not required for the purpose of investigation, hence, he prayed for grant of anticipatory bail. 4.The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and on instructions submitted that the injured was discharged from the hospital. https://www.mhc.tn.gov.in/judis CRL OP No. 20665 of 2025 5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record. 6.Considering the nature of dispute; that the injured was discharged from the hospital and the fact that the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ambur 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [b] the petitioner shall report before the respondent every Tuesday and Sunday at 10:30 a.m., for a period of six weeks and thereafter as and when required for interrogation; [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. https://www.mhc.tn.gov.in/judis CRL OP No. 20665 of 2025 [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 BNS. 10-09-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No Note : 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. https://www.mhc.tn.gov.in/judis CRL OP No. 20665 of 2025 To 1.The State Rep. by Inspector of Police, Omerabad Police Station, Thirupathur District. (Crime No.247 of 2025) 2.The Judicial Magistrate, Ambur. 3.The public prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 20665 of 2025 T.V.THAMILSELVI J. gbi CRL OP No. 20665 of 2025 10-09-2025 https://www.mhc.tn.gov.in/judis