Reka v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Reka ... Petitioner Vs.

State rep by Inspector of Police V-5, Thirumangalam Traffic Investigation Wing Police Station Chennai Crime No. 133of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.133 of 2025 on the file of the respondent police.

For Petitioner :

Mr.N.Naresh For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 281, 125(b), 125(a) of BNS, 2023 @ 281, 125(b), 125(a), 106 of BNS and 181(4), 199A of MV Act in Crime No.133 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner along with her minor son travelled in a two wheeler and dashed against the victim, who is a brother of defacto complainant. As a result of the accident, the victim sustained injuries on head and later died in the hospital. Hence, the complaint.

3. The learned counsel for the petitioner submitted that petitioner is an innocent person and she has been falsely implicated in this case. He would further submit that petitioner is ready to abide any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for their release. Hence, the learned counsel prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that initially, a case has been registered in Crime No.133 of 2025 281, 125(b), 125(a) of BNS and thereafter, by way of alteration report dated 16.05.2025, the sections were altered as 281, 125(b), 125(a), 106 of BNS and 181(4), 199A of MV Act and the same are bailable offences. However, 2/4

he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record.

6. The learned counsel for the petitioner apprehends that normally, when Section 199A has been included, the Magistrate Court tends to remand the petitioner/accused. On perusal of Section 199(A) of MV Act, it is seen that the maximum sentence is three years which is a bailable offence as per Schedule (ii) of BNS, 2023.

7. In view of the above, the petitioner's apprehension that he would be arrested in a non-bailable offence is unwarranted. In view of the same, the petition is dismissed. However, the petitioner is at liberty to approach the Magistrate Court and file a bail application and the Magistrate shall entertain the same since the offence is bailable.

19.06.2025 nr M.NIRMAL KUMAR, J.

nr 3/4

To

1. The VI Metropolitan Magistrate Court, Egmore, Chennai 2.Inspector of Police V-5, Thirumangalam Traffic Investigation Wing Police Station Chennai

3. The Public Prosecutor, High Court of Madras.

19.06.2025 4/4