J.Kailash v. State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR J.Kailash ... Petitioner Vs.
State rep. by The Inspector of Police E-7 Kandachipuram Police Station Villupuram District Tami Nadu 605701 Crime No.391 of 2024 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on Anticipatory bail in the event of their arrest in Crime No.391 of 2024 on the file of the respondent police.
For petitioner :
Mr.S.Mohanraj For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side)
O R D E R
The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 296(b), 132, 274, 275, 109 of 1/6
Bharatiya Nyaya Sanhita Act 2003 and under Sections 24(I) Cigarette and Others Tobacco Products Acts 2003 in Crime No.391 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that based on the secret information received by the respondent police that the petitioner was transporting prohibited tobacco products, the respondent police/Sub-Inspector blocked the petitioner's car. The petitioner abused in filthy language and hit the defacto complainant by his car and fled away. The defacto Complainant sustained heavy injuries including bone fracture. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. The petitioner is ready to abide any conditions that may be imposed by this Court. 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 the petitioner had hit the defacto Complainant with his car which resulted in severe injuries to the defacto Complainant incuding bone fracture. The petitioner has two previous cases, similar in nature. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner. 2/6
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. Considering the facts and circumstances of the case, submissions made by the learned counsel appearing on either sides, nature of allegation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Villupuram on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
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[b] 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 Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
[c] the petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [d] The petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One lakh only) (Non refundable) towards the account of SRI RAMACHANDRA INSTITUTE OF HIGHER EDUCATION AND RESEARCH, Current Account maintained at Indian Bank, SRU Branch, Porur, Chennai-600 116, bearing Current Account No.471533180, IFSC Code No.IDIB000S180 and to produce the Bank Challan before the Judicial MagistrateII, Villupuram and the receipt shall be produced at the time of executing the bond;
[e] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [f] the petitioner shall make himself available for interrogation by a Police office as and when required; [g] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the 4/6
directions as may be given by the Court in this regard; [h] the petitioner shall not abscond either during investigation or trial;
[i] 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]; [j] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
30.07.2025 shl To
1. The Judicial Magistrate-II, Villupuram
2. The Inspector of Police E-7 Kandachipuram Police Station Villupuram District Tami Nadu 605701
3. The Public Prosecutor, High Court of Madras.
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M.NIRMAL KUMAR, J.
shl 30.07.2025 6/6