Madras High CourtCRL OP/13398/2025granted

D Semalaiappan v. The State Rep. By The Inspector Of Police,

2025-04-29Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

1. D Semalaiappan No.8/48, Velayuthampalayam, Kangayam Post, Tiruppur District Petitioner(s) Vs

1. The State Rep. by the Inspector of Police, Kangayam Police Station Crime No.

231 of 2025 Tiruppur District.No.8/48, Velayuthampalayam, Kangayam Post, Tiruppur District Respondent(s) PRAYER To grant anticipatory bail to the petitioner in the event of his arrest or his appearance before the jurisdictional court in connection with the Crime No. 231 of 2025 on the file of the respondent police station . For Petitioner(s):

M/s.R.Prabakar P.Marudhupandiyan S.Selvi S.Ranjith Kumaran M.Sarada Devi For Respondent(s):

Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 281, 125(a) of BNS (279, 336 IPC) subsequently altered to Section 281, 106(2) of BNS in Crime No.231 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the husband of the defacto complainant was hit by an unidentified vehicle while standing outside an ATM, resulting in severe injuries, and was subsequently hospitalised. Hence the case. 3.The learned counsel appearing for the petitioner would submit that the allegations are false; that the offence under Section 106(2) of BNS, which is the non-bailable offence has not been notified yet; 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(2) of BNS, the other offence are bailable.

5. Since Section 106(2) of BNS has not been notified yet, and the other offences are bailable, the anticipatory bail petition may not be maintainable. It

is open to the petitioner to seek bail in accordance with law. 29-04-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Rep. by the Inspector of Police, Kangayam Police Station Crime No.

231 of 2025 Tiruppur District.No.8/48, Velayuthampalayam, Kangayam Post, Tiruppur District

SUNDER MOHAN J.

jai CRL OP No. 13398 of 29-04-2025