Manikanda Senthil v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Crl.O.P.No.15489 of 2025 Manikanda Senthil ... Petitioner -vsThe State Represented by, The Inspector of Police, Elachipalayam Police Station, Namakkal District.

(Crime No.76 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of his arrest by the respondent police pending investigation in Crime No.76 of 2025 on the file of the respondent police. For Petitioner :

Mr.T.Muruganantham For Respondent :

Mr.A.Gopinath, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 281, 106(1) of BNS 2023 in Crime No.76 of 2025, seeks anticipatory bail. 1 / 4

2. The case of the prosecution is that the petitioner had driven his vehicle in a rash and negligent manner and dashed against the father of the defacto complainant 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. Gv/jai 21.05.2025 2 / 4

"Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code." To

1. The Inspector of Police, Elachipalayam Police Station, Namakkal District.

2.The Public Prosecutor, High Court, Madras.

3 / 4

N.SENTHILKUMAR,J gv/jai Crl.O.P.No.15489 of 2025 21.05.2025 4 / 4