Dharmaiah v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Dharmaiah Petitioner(s) Vs State rep by The Inspector of Police, PALLIPET Police Station, Tiruvallur District.

Crime No.5 of 2025 Respondent(s) PRAYER This Criminal Original Petition is filed to enlarge the petitioner on Anticipatory bail in Crime Number. 5 of 2025 on the file of the respondent police. For Petitioner(s):

Mr.R.Loganathan For Respondent(s):

Mr.R.Vinoth Raja GA (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 281, 125(a), 106 of BNS in Crime No.5 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The learned counsel appearing for the petitioner would submit 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 offences are bailable.

3..The learned Government Advocate (Crl.Side) reiterated the prosecution case and confirms that except Section 106 of BNS all other offences are bailable.

5. Since the operation of Section 106 of BNS has been suspended by the Parliament and the other offences are bailable, the anticipatory bail petition may

not be maintainable and the same is dismissed. It is open to the petitioner to seek bail in accordance with law.

12-06-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Inspector of Police, PALLIPET Police Station, Tiruvallur District.

2. The Public Prosecutor, High Court of Madras.

3. The District Munsif Cum Judicial Magistrate at Pallipet.

M.NIRMAL KUMAR J.

jai CRL OP No. 16575 of 12-06-2025