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Madras High CourtCRL OP/13366/2025closed

Manikandan v. The State Rep. By Its, The Inspector Of Police

2025-04-29Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 13366 of 2025 Manikandan Petitioner Vs The State represented by The Inspector of Police, Avalurpet Police Station, Villupuram District.

(Cr.No.62 of 2025) Respondent For Petitioner:

Mr.E.Sathiyaraj Elangovan For Respondent(s): Mr.S.Balaji, Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 281, 106 of BNS, in Crime No.62 of 2025 on the file of the respondent police, seeks anticipatory bail. 1 / 4

2. The case of the prosecution is that the petitioner had driven his car in a rash and negligent manner and dashed against the defacto complainant's husband and caused his death. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the allegations are false; that the operation of the offence under Section 106 of BNS, which is the non-bailable offence has been suspended by the Parliament; that the respondent ought not to have registered the FIR for the said offence and that the other offence is bailable. 4.The learned Government Advocate (Crl.Side) reiterated the prosecution case and confirms that except Section 106 of BNS, the other offence is bailable.

5. Since the operation of Section 106 of BNS has been suspended by the Parliament and the other offence is bailable, the anticipatory bail petition is not maintainable. It is open to the petitioner to seek bail in accordance with law.

6. With the above direction, this Criminal Original Petition is closed. drl 29-04-2025 2 / 4

To

1. The Inspector of Police, Avalurpet Police Station, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

3 / 4

SUNDER MOHAN J.

drl CRL OP No. 13366 of 2025 29.04.2025 4 / 4