D Arul Kumar Ayyappan v. The State Rep By Its,

CRL OP NO. 15164 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP NO. 15164 of 2025 G.Arul Kumar @ Ayyappan S/o. Gnanamoorthi, PeriyaTheru, Sembedu, Thiruvallur District Petitioner(s) Vs The State Rep By Its, The Inspector of Police, C5 Vengal Police Station, Thiruvallur District Cr.No.127 of 2025.

Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.127 of 2025 on the file of the respondent police. For Petitioner(s):

Mr.V Manimaran For Respondent(s):

R.Vinothraja Government Advocate (Criminal side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303 (2) and 326 (f) of B.N.S., 2023 in Crime No.127

of 2025, seeks anticipatory bail.

2. The case of the prosecution is that, due to previous enmity the petitioner had set fire to the auto of the defacto-complainant. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is ready to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.127 of 2025. Therefore, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) reiterated the prosecution case and vehemently opposed for grant of anticipatory bail to the petitioner. 5.Considering the above fact and circumstances of the case and since custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.127 of 2025, within a period of four weeks from the date on which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate I, Tiruvallur, on condition that each of the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.127 of 2025, before the concerned Magistrate, within a period of four weeks from the date on which the order copy made ready. [c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial.

[d] the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of fifteen days and thereafter as and when required for interrogation. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] the petitioner shall not abscond either during investigation or trial. [g] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

23-06-2025 ep To

1. The State Rep By Its, The Inspector of Police, C5 Vengal Police Station, Thiruvallur District Cr.No.127 of 2025.

G.K.ILANTHIRAIYAN, J.

ep

CRL OP NO. 15164 of 2025 23-06-2025