Ajay v. State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Ajay Petitioner(s) Vs State Rep by, The Inspector of Police, M -7 Manali New Town Police Station, Tiruvallur, Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the Petitioner on anticipatory bail in the event of their arrest by the respondent police concerned in Crime No. 255 of 2025 on the file of Respondent Police.

For Petitioner(s):

Mr.Mohana Sundhar P K For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.side)

ORDER

The Petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 308(2), 351(3) of BNS Act, 2023 in Crime No.255 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of prosecution is that the defacto complainant, namely Santhosh Kumar, runs a wineshop and the Karaikudi Chettinadu Hotel at Nappalayam, Thiruvallur. On the night of 15.07.2025, at around 11.30 p.m., the defacto complainant was illegally running a wine shop near his hotel during late hours. At that time, A1 and A2 questioned the defacto complainant as to why he was running a wine shop at night. Thereafter, a verbal quarrel ensued between A1 and the defacto complainant. Hence this case.

3. The learned counsel appearing for petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for

respondent would submit that the victim discharged in hospital. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Crime No.255 of 2025 and the victim is permitted to withdraw the same without prejudice to the right and contentions, and on such deposit, the petitioner is ordered to be released on bail on executing 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 learned Judicial Magistrate No.II, Ponneri, Tiruvallur, and on further conditions that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for the period of eight weeks.

(c) the petitioner shall not tamper with evidence or witness

either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

10-09-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 1.State Rep by, The Inspector of Police, M -7 Manali New Town Police Station, Tiruvallur, 2.The Judicial Magistrate No.II, Ponneri, Tiruvallur.

3.The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI J.

gbi CRL OP No. 20756 of 10-09-2025