IN THE COURT OF PRINCIPAL SESSIONS JUDGE, CHENNAI
Present: Thiru.S.Karthikeyan, M.A., M.L., M.Sc., PGDCFSc.,
Principal Sessions Judge.
Thursday, the 28th day of November, 2024.
Crl.M.P.No.33589/2024
in
P-5, M.K.B.Nagar P.S. Crime No.367/2024
1. Valli
2. Sivakumar
3. Nirmal Kumar .. Petitioners/Accused
Vs.
State Rep. by
The Inspector of Police,
P-5, M.K.B.Nagar Police Station,
Chennai. ..Respondent/Complainant.
This petition is coming on this day before this court for hearing in the presence of
M/s.X.Gerard and J.Sreeram Bullappan, the Counsel for the petitioner and of the CPP for
respondent police and upon hearing both sides, this Court delivered the following,
ORDER
1. The petitioners, who apprehend arrest by the respondent police for the alleged
offences punishable u/s 294(b), 324 of IPC and u/s 4 of the Tamil Nadu Prohibition of
Harassment of Women Act, 2002 in Crime No.367/2024 on the file of the respondent police,
seek anticipatory bail.
2. The learned counsel for the petitioners submits that the petitioners are innocent
and they have not committed any offence as alleged. The petitioners apprehend arrest at the
hands of the respondent police. Hence, they may be granted anticipatory bail.
3. On the other hand, the learned CPP submits that the petitioners and others picked
up quarrel with the defacto complainant and others and assaulted them with cheppal and
stones. The injured has been treated as outpatient. The petitioner has no previous case.
4. Injured has been treated as outpatient. No bad antecedents reported as against the
petitioner. Considering the nature of case, this court is inclined to grant anticipatory bail.
5. 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 this order, before the X
Metropolitan Magistrate, Chennai 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 likesum 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 petitioner 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.
[b] the petitioner shall appear before the respondent police daily at 10.00 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 the petitioner released on bail by the learned
Magistrate/Trial Court himself as laid down by the Supreme Court in P.K. Shaji Vs. State of
Kerala [(2005) AIR SCW 5560].
[f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section
269 of BNS.
Dictated to Steno-typist, typed by him directly, corrected and pronounced by me in
Digitally signed by
open court this the 28th day of November, 2024. S S KARTHIKEYAN
KARTHIKEYAN Date: 2024.11.28
17:31:46 +0530
Principal Sessions Judge
Copies to:
1. The X Metropolitan Magistrate, Chennai.
2. CPP, Chennai.
3. The Inspector of Police, P-5, M.K.B.Nagar Police Station, Chennai.
ss
Crl.M.P.No.33589/2024