Asokan v. State Rep By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Asokan ... Petitioner Vs.

State rep by The Inspector of Police, Vellore Taluk Police Station, Vellore, Vellore District.

(Crime No. 24 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.24 of 2026 on the file of the respondent police. For Petitioner : Mr.Vinodhkumar For Respondent : Mr. P. Dhileepan Government Advocate (Crl.Side)

O R D E R

The petitioner apprehends arrest for the alleged offence under Sections 281, 125(a) @ 281, 106(2) of BNS, in Crime No.24 of 2026 on the file of the respondent police seeks anticipatory bail.

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2. The allegation against the petitioner is that he drove the car in a rash and negligent manner, as a result of which the defacto complainant's husband sustained grievous injuries and was taken to the hospital and subsequently succumbed to his injuries. Hence, a case has been registered against the petitioner.

3. The learned Government Advocate (Crl.Side) appearing for the respondent strongly opposed the grant of anticipatory bail on the ground that in spite of even assisting the injuries, as fled from the scene of occurrence.

4. The learned counsel appearing for the petitioner would submit that the petitioner has admitted the victim in the hospital and he died only on the next day. Hence, he prays to grant anticipatory bail to the petitioner. 5.I have given my anxious consideration to either side submissions.

6. Taking into account that the very offence charged against the petitioner is only causing death by negligence, and not by any premediation and further, there is no custodial interrogation required. In such a view of the factual position, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

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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 on which the order copy is made ready, before the learned Judicial Magistrate No.I, Vellore, 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 learned 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 report before the respondent Police, daily at 10.30 a.m., for a period of two 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 petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself 3/5

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.

04.03.2026 AT To 1.The Judicial Magistrate No.I, Vellore.

2.The Inspector of Police, Vellore Taluk Police Station, Vellore, Vellore District.

3.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN.J.

DRL Crl.OP.No.5453 of 2026 04.03.2026 5/5