Raghupathi v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Raghupathi ... Petitioner/Accused (Rank not known) Vs The State rep by the Inspector of Police, Avadi Government Railway Police (GRP), Avadi, Chennai.

(Crime No.283 of 2025) ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.283 of 2025 on the file of the respondent police.

For petitioner : Mr.P.Krishnan For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 125, 118(1) and 1/6

351(3) of BNS, 2023 r/w. Sections 152 and 153 of Railway Act, 1989 and Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 in Crime No.283 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that while the de-facto complainant was on patrol duty at Hindu College Railway Station at platform No.1, a Train from Madras to Thiruthani stopped at Hindu College, and another train waiting for signal at the fast line from Chennai Central to Tirupathi, at that time, the accused persons thrown stones on the train and used filthy language and threatened with dire consequences, due to which, one passenger sustained injuries on his forehead. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The petitioner's name does not find place in the F.I.R. He further submitted that co-accused have been arrested and granted bail by the Lower Court. Hence, prayed for granting anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the 2/6

respondent police reiterated the prosecution case and submitted the the coaccused have been arrested and granted bail by the Lower Court in Crl.M.P.Nos3152 & 3153 of 2025 on 04.08.2025. However, he strongly opposed to grant anticipatory bail to the petitioner. 5.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent Police and perused the materials available on record.

6. Considering the submissions made on either side and the fact that co-accused were already granted bail by the Lower Court, 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 No.II, Poonamallee 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 3/6

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] the petitioner and 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 as and when required for interrogation; [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].

[f] If the accused thereafter absconds, a fresh FIR can be 4/6

registered under Section 269 of BNS.

11.09.2025 rsi To 1.The Judicial Magistrate No.II, Poonamallee 2.The Inspector of Police, Avadi Government Railway Police (GRP), Avadi, Chennai.

3.The Public Prosecutor, High Court, Madras.

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T.V.THAMILSELVI , J.

rsi 11.09.2025 6/6