G.Babu v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN G.Babu ... Petitioner/A2 Vs.

The State represented by, The Inspector of Police, Vengal Police Station, Thiruvallur District.

Crime No.521 of 2023 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Crime No.521 of 2023 on the file of respondent Police. For Petitioner :

M/s.M.D.Ilayaraja For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 174(3) of Cr.P.C altered into Section 304 (2) of IPC read with Section 136(1)(a) of IE Act, in Crime No.521 of 2023, on the file of the respondent Police, seeks anticipatory bail. 1/5

2.To prevent the wild animals entering his field and destroy the yields, the petitioner had electric fenced his land, however, the deceased got electrocuted and died on the spot.

3. Heard the learned counsels and perused the materials available on record.

4.Considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 23.08.2025, before the learned Judicial Magistrate No.I, Thiruvallur, 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:

2/5

[a] if the petitioner fails to surrender before the concerned Magistrate on or before 23.08.2025, this Order shall stand automatically cancelled;

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [c] the petitioner shall report before the respondent police daily at 10.30.a.m., until further orders; [d] the petitioner shall not abscond either during investigation or trial and he shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[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] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the 3/5

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)13 SCC 283]; [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

14.08.2025 sma To 1.The Judicial Magistrate No.I, Thiruvallur.

2.The Inspector of Police, Vengal Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

4/5

sma 14.08.2025 5/5