Babu v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

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

The State Represented by, The Inspector of Police, Arani Police Station, Tiruvallur District.

(Crime No.80 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 his arrest in connection with Crime No.80 of 2025 on the file of respondent Police.

For Petitioner(s) : Mr. S. Deivasigamani For Respondent : Mr. S. Vinoth Kumar Government Advocate (Crl.Side) ****** 1/6

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS in Crime No.80 of 2025 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had demaned money from the defacto complainant for purchasing liquor, when the same was refused by the defacto complainant, the petitioner abused the defacto complainant with filthy language, assaulted him using knife and threatened him of dire consequences. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for anticipatory bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for granting anticipatory bail to the petitioner, reiterated the prosecution case and stated that the petitioner has three previous cases and the injured discharged from the hospital.

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

6. Considering the fact that the injured discharged from the hospital and taking note of the previous antecedents of the petitioner herein, 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 02.09.2025 before the learned Judicial Magistrate Court No.I, Ponneri, Tiruvallur District 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 learned Magistrate concerned and on further condition that: 3/6

[a] if the petitioner fails to surrender before the concerned Magistrate on or before 02.09.2025, 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 stay at Ponneri report before the Inspector of Police, Ponneri Town Police Station daily at 10:30 a.m., until further orders. It is made clear that the petitioner shall not enter the jurisdictional limit of the respondent police. [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 4/6

SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 21.08.2025 stn To

1. The Judicial Magistrate -I, Ponneri, Tiruvallur District.

2. The Inspector of Police, Arani Police Station, Tiruvallur District.

(Crime No.80 of 2025).

3. The Public Prosecutor, High Court of Madras.

4. The Inspector of Police, Ponneri Town Police Station, Ponneri.

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Dr. G. JAYACHANDRAN, J., stn 21.08.2025 6/6