R.Dhanesh Raj v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 3497 of 2025 1.R.Dhanesh Raj 2.Gorle Ganesh 3.B.Hemanath Petitioners Vs The State, Rep. By The Inspector of Police Korukkupet GRP Police Station Chennai Crime No. 42 of 2026.

...Respondent

Prayer: Criminal Original Petition is filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of her arrest in Crime No. 1235 of 2025 on the file of respondent police.

For Petitioners : Mr.D.Ilayaraja For Respondent : Ms.J.R.Archana Government Advocate, Criminal Side ----

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118 of BNS r/w accidental fall (under Sections 294(b) &n 324 of IPC) subsequently, altered into 296(b), 118 r/w Section 194 of BNSS in Crime No.42 of 2026, on the 1/4

file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioners is that these petitioners are the Train Ticket Examiners in Southern Railway and while they were on duty on 04.02.2026, a passenger entered into a first class compartment, the petitioners asked for a ticket from him. During the quarrel ensued, the petitioners assaulted him, unable to bear the same, the victim jumped out from the moving train and fell down on the platform. One of the passengers to save him and unfortunately, the victim sustained grievous injuries. Immediately, he rushed to the Stanley Government Hospital for treatment and died on 08.02.2026. Hence, a case has been registered.

3. The learned counsel for the petitioners submitted that the petitioners were doing their job responsibly. He further submitted that the passenger jumped from the moving train, is not motivated and the petitioners are ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for their release. Hence, he prays for grant of anticipatory bail to the petitioners.

2/4

4.The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submitted that the victim jumped out from the moving train and died four days later, and it is a case of voluntarily jump. He further submitted that the investigation is going on. However, it is also the allegation is that the Train Ticket Examiners have also assaulted the victim. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Heard the learned counsels and perused the materials available on record.

6. Considering the manner in which, the occurrence was taken place and it is also the deceased entered into a first class compartment which resulting in quarrel arose between them, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Ponneri, on condition that the petitioners shall 3/4

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 condition that: (a) If the petitioners fail to surrender before the concerned Magistrate, within a period of fifteen 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 the identity proofs to ensure their identity;

[c] the petitioners shall report before the respondent Police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

4/4

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 13.02.2026 MSM To 1.The Inspector of Police Korukkupet GRP Police Station Chennai Crime No. 42 of 2026.

2. The Public Prosecutor, High Court of Madras.

5/4

K.RAJASEKAR , J.

MSM CRL OP NO. 3497 of 2026 13.02.2026 6/4