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Madras High CourtCRL OP/13628/2026granted

B A Krishnan v. The State Rep By The Inspector Of Police

2026-05-22Honourable Mr.Justice R.Sakthivel6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL B A Krishnan ..Petitioner / Accused 2 Vs The state rep by The Inspector of Police E-1, Police station, Mamalla Puram Chengalpattu District.

..Respondent / Complainant Prayer:

This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on anticipatory bail in the event of his arrest in crime No.131 of 2026 on the file of the respondent police.

For Petitioner(s):

Mr. Balamurugan For Respondent(s):

Mr. A.Amarnath Counsel of Government of Tamil Nadu (Criminal Side)

ORDER

This criminal original petition is filed by the petitioner on 19.05.2026 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in connection with the crime No.131 of 2026 pending investigation on the file of the respondent police.

2. The case of the prosecution is that on 18.05.2026, the Investigation Officer received a secret information, based on that information the respondent police registered a case in Cr.No.131 of 2026. The petitioner is arrayed as A - 2, based on the information said to have been given by A -1.

3. The learned counsel for the petitioner would submit that the petitioner is working under A - 1, as helper and he did not commit any offence. He would further submit that the petitioner's name is wrongly mentioned as Kishore instead of B.A.Krishnan in the FIR. He would further submit that the respondent police are searching the petitioner and hence, the petitioner apprehends the arrest at the hands of the respondent police. Therefore, the petitioner is before this Court with the aforesaid relief.

4. The learned Counsel of Government of Tamil Nadu (Criminal Side) on instructions would submit that the petitioner and others have committed the offence as alleged. He would also submit that there is one previous case similar in nature and if the petitioner is released in pre arrest bail, he will continue to do the similar offences in the future. He therefore prays that this petition may be dismissed.

5. Heard on both sides. This Court has perused the records.

6. Considering the overt act levelled against this petitioner and with a view to give one opportunity to the petitioner to reform himself, this court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions.

(i) The petitioner shall be released on bail in the event of their arrest or in the event of their surrender before the learned District Munsif cum Judicial Magistrate, Thirukazhukundram, within a period of 15 days from today, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), along with two sureties each for a like sum of Rs.10,000/- to the satisfaction of the learned District Munsif cum Judicial Magistrate, Thirukazhukundram,;

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned District Munsif cum Judicial Magistrate, Thirukazhukundram, shall obtain a copy of any one of identity proofs to ensure their identity;

(iii) The petitioner shall appear and sign before the respondent police, daily at 10.00 a.m, until further orders; (iv) The petitioner shall make himself available for interrogation by police as and when required; (v) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

(vi) The petitioner shall not enter into the defacto

complainant's house and workplace; and (vii) On breach of any of the aforementioned conditions, the learned District Munsif cum Judicial Magistrate, Thirukazhukundram/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 283].

9. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

22-05-2026 Index: Yes/No Speaking/Non-speaking order KAN 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 official website of this Court will be watermarked and will also have a QR code.

To 1.The District Munsif cum Judicial Magistrate, Thirukazhukundarm.

2.The Inspector of Police E-1, Police station, Mamalla Puram Chengalpattu District.

3.The Public Prosecutor, Madras High Court.

R.SAKTHIVEL, J.

KAN 22-05-2026