Harish @ Aali v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2025
CORAM
THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR Harish @ Aali ... Petitioner Vs.
State rep.by The Inspector of Police, T-2 Ambattur Estate Police Station, Chennai.
(Crime No.Not Known of 2025) ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of the arrest by the respondent T-2 Ambattur Estate PS in Crime No.Not Known of 2025, on the file of the respondent police. For Petitioner : Mr.V.Karthick For Respondent : Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor 1/7
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) & 351(2) of BNS Act, in Crime No.Not Known of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to previous enmity between the petitioner and the defacto complainant. Hence, petitioner and his friends were playing cricket together on the ground when they got into fight with a person who was playing there and beat him up. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and a false case has been foisted against the petitioner. He further submitted that the petitioner is ready to abide by any 2/7
stringent condition that may be imposed by this Court. Hence, prayed for granting anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent police while opposing for granting anticipatory bail to the petitioner, reiterated the prosecution case. He further submitted that now the First Information Report registered in Crime No.409 of 2025 for an offences under Sections 126(2), 296(b), 115(2), 309(4) & 351(2) of BNS Act, 2023 and the accused has got two previous cases.
5.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent Police and perused the materials available on record.
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6. Considering the submissions made on either side, 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Ambattur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each 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, 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;
[b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 4/7
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 every day at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation;
[d] 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; [e] the petitioner shall make himself available for interrogation by the respondent as and when required;
[f] 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 directions as may be given by the Court in this regard; [g] the petitioner shall not abscond either during investigation or trial;
[h] 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 5/7
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]; [i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
05.08.2025 dna To:
1.The Judicial Magistrate, Ambattur.
2.The Inspector of Police, T-2 Ambattur Estate Police Station, Chennai.
(Crime No.Not Known of 2025) 3.The Public Prosecutor, High Court Madras.
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M.NIRMAL KUMAR, J.
dna 05.08.2025 7/7