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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Surya ... Petitioner / A1 Vs.

The State Rep. By, The Inspector of Police, T-8, Muthupudhupet Police Station, Tiruvallur District.

Crime No.Not known of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of BNSS, to grant the anticipatory bail in the event of his arrest in Crime No.Not known of 2025 on the file of the T-8, Muthupudhupet Police Station, Thiruvallur. For Petitioner :

Mr.Jayachandran Venkatesan For Respondent :

Mr.A.Gopinath, Government Advocate (Criminal Side) ************

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 126(2), 115(2), 1/5

351(3) of BNS r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the de-facto complainant and her husband were traveling in a car, while the accused were standing on the road with their bike, while car passing through that road, sewage water from the road splashed onto the petitioner's face due to the car's tyre, which led to a wordy quarrel between them. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that that the injured has been discharged from the hospital and that the petitioner has no previous cases. However, he opposed the grant of anticipatory bail to the petitioner.

5. Heard the learned counsels on either side and perused the materials available on record.

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6. Considering the submissions made by the learned counsels on either side, 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 ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate at Ambattur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, 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;

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[c] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of one week and thereafter as and when required for interrogation;

[d] 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 14.10.2025 nvi To 1.The Judicial Magistrate, Ambattur.

2.The Inspector of Police, T-8, Muthupudhupet Police Station, Tiruvallur District..

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J., nvi 14.10.2025 5/5