Thennarasu v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.09.2025

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Thennarasu ... Petitioner/A1 Vs.

The State rep. by, The Inspector of Police, Kallavi Police Station, Krishnagiri District (Crime No.155/2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C / Section 482 of BNSS Act, to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police in Crime No.155 of 2025 on the file of the Respondent police.

For Petitioner : Mr.J. Pradeep For Respondent : Mr.Udayakumar Government Advocate (Crl.Side) **********

O R D E R

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The petitioner, who apprehends arrest for the alleged offences under Sections 191(2), 191(3), 126(2), 296(b), 118(2) and 288 of BNS Act, 2023 and Section 4 of Tamil Nadu Public Property ( Prevention of Damage and Loss)Act, 1992, in Crime No.155 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution as per the defacto complainant is that the petitioner along with other accused surrounded a school bus and allegedly threw a lift fire cracker inside the bus. As a result of which nearly 7 students sustained bleeding injuries and other students sustained simple injuries. Hence, the case.

3.The learned counsel appearing for the petitioner submits that he has no way connected with the alleged occurrence and he has been falsely implicated in this case. However, the learned counsel, on instructions, further submits that the petitioner, without prejudice to his rights, is ready to deposit some amount to the credit of the crime number as imposed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioner. 2/7

4.The learned Government Advocate (Crl.Side) submits that due to the illegal act of the petitioner and other accused the school students got injured and when the petitioner was throwing deadly weapons against the bus, the school students were crying and affected psychologically. He further submitted that some of the co-accused were granted bail. However, he opposed for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and that the petitioner on his own volition, is ready to deposit some amount to the credit of the crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.155 of 2025, within a period of fifteen (15) days and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the Judicial Magistrate Court, Uthangarai 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 3/7

the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.155 of 2025 before the concerned Magistrate within a period of fifteen (15) days and the de-facto complainant is permitted to withdraw the said deposit amount of Rs.10,000/- on proper identification and acknowledgment and give to the affected children. (b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c)the petitioner is directed to appear before the respondent police everyday at 10.30 a.m for a period of three months and thereafter as and when required for interrogation;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial; (e)the petitioner shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take 4/7

appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 08.09.2025 nvi 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 the official website of this Court will be watermarked and will also have a QR code.

To 5/7

1. The Inspector of Police, Kallavi Police Station, Krishnagiri District 2.The Judicial Magistrate Court, Uthangarai

3. The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI,J., 6/7

nvi 08.09.2025 7/7