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Madras High CourtCRL OP/24450/2025granted

Thilagaraj v. State Rep By Inspector Of Police,

2025-09-11Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Thilagaraj S/o. Pandurangan Petitioner(s) Vs State rep by Inspector of Police, GRP Police Station, Cuddalore.

(Crime No.91/2025) Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS to grant Anticipatory Bail in the event of arrest in Crime No.91 of 2025 on the file of the Respondent Police.

For Petitioner : M/s. Raveendran K 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 121(1) and 132 of BNS in Crime No.91 of 2025 on the file of respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 21.07.2025 the petitioner asked the defacto complainant who is the railway gate keeper to open the gate and since it was refused by the defacto complainant, there arose a quarrel during which, the petitioner assaulted the defacto complainant. Hence, this case.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that this is the second application for anticipatory bail. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent police reiterated the prosecution case and objected for the grant of anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case and the

submissions of the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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.I, Cuddalore, 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:

[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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

11-09-2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Judicial Magistrate No.I, Cuddalore

2. The Inspector of Police, GRP Police Station, Cuddalore.

3. The Public Prosecutor High Court of Madras, Chennai

T.V.THAMILSELVI J.

ksa-2 CRL OP No. 24450 of 11-09-2025