R. Sarathkumar v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN R. Sarathkumar S/o.Rajendran, No.10, Sallapuri Amman Kovil Street, Odukathur, Vellore-632103.

..Petitioner(s) Vs The state rep.by, The Inspector of Police, Kannamangalam Police Station, Tiruvannamalai.

Cr.No.409/2025.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner/accused on bail in the event of his arrest in Cr.No.409 of 2025 on the file of the respondent police. For Petitioner(s):

A.Vinupradha For Respondent(s):

Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 281, 125(a), 106(a) of BNS in Crime No.409 of 2025, seeks anticipatory bail.

2. The allegation against the petitioner is that this petitioner driven the goods vehicle in rash and negligent manner and hit on the two wheeler in which the deceased were travelled which resulted in causing severe injuries to the persons travelled in a two wheeler and subsequently, two persons were died. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the occurrence took place on 05.09.2025, in which two persons unfortunately succumbed to their injuries and another sustained grievous injuries. It is the submission of the petitioner that he was not rash and negligent and that the rider of the motorcycle alone was responsible for the accident. It is further contended that three persons were traveling on the motorcycle.

3.1.The learned counsel would also rely upon the anticipatory bail granted to the co-accused, namely Muthu Krishnan, in Crl.O.P. No. 30322 of 2025 dated 21.11.2025, and submit that A1 and A2, namely Bharath and Vinod Kumar, have also been granted bail by the trial Court. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) would strongly oppose the bail application on the ground that it is a case of death, by negligent act of the petitioner herein who drove the vehicle in rash and negligent manner

and he produced the rough sketch on the place where the accident had taken place.

5.Considering the date of occurrence, the totality of the circumstances, and the fact that the co-accused have already been granted bail/anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner,subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory 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 Judicial Magistrate, Arni, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(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]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall sign before the respondent police twice a day at 10.30 a.m., for a period of three 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

18-03-2026 MPA

To 1.The Judicial Magistrate, Arni.

2.The Inspector of Police, Kannamangalam Police Station, Tiruvannamalai.

Cr.No.409/2025.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

MPA 18-03-2026