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Madras High CourtCRL OP/22609/2025granted

P.Balaji v. The State, Rep. By. The Inspector Of Police,

2025-08-14Honourable Dr Justice G. Jayachandran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN P.Balaji ... Petitioner Vs.

The State represented by, The Inspector of Police, V3-JJ Nagar Police Station, Chennai Crime No.511 of 2025 ... 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. 511 of 2025 on the file of respondent police. For Petitioner :

M/s.R.Chakkaravarthy 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 Section 126(2), 296(b), 115(2), 308(2), 351(3) of BNS, Act, 2023 in Crime No. 511 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. According to the prosecution , the petitioner along with other accused /A1 had picked up quarrel with the defacto complainant, who refused to accept the order for supply of biriyani and also robbed a sum of Rs.300/- from the defacto complainant. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He submits that he has not committed any offence as alleged by the prosecution. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police states the petitioner along with other accused /A1 had picked up quarrel with the defacto complainant and also robbed a sum of Rs.300/-. He also states that the injury is simple in nature. Hence, opposed for grant of anticipatory bail to the petitioner.

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5. Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances of the case, submissions made by learned counsels on either side, considering the nature of the complaint, 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, on or before 22.08.2025, before the learned Judicial Magistrate, Ambattur on condition that the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as surety to the credit of Crime No. 511 of 2025, 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 concerned Magistrate on or before 22.08.2025, this Order shall stand automatically cancelled;

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial 3/6

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 as and when required for interrogation. [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 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];

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

14.08.2025 nr To 1.The Judicial Magistrate, Ambattur

2. The Inspector of Police, V3-JJ Nagar Police Station, Chennai

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

nr 14.08.2025 6/6