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Madras High CourtCRL OP/24160/2025dismissed

A.Prabhu v. State Rep. By The Inspector Of Police,

2025-09-03Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.24160 of 2025 A.Prabhu ... Petitioner Vs.

State rep by The Inspector of Police, E-5, Sholavaram Police Station, Avadi City, Thiruvallur District.

... Respondent (Cr.No.562 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of the arrest in Cr.No.562 of 2025 on the file respondent police. For Petitioner : Mr.M.Abi For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl.Side)

O R D E R

The petitioner herein apprehening arrest at the hands of the respondent police for the offences punishable under Sections 326, 303(2) and 223 BNS Act in Crime No.562 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. The action taken by the Village Administrative Officer sealing illegal Borewell was undone by the petitioner herein, who forcibly removed the seal to draw water . Hence, the present complaint.

3. The learned counsel appearing for the petitioner submitted that the the overt act is only attributed to A1, who was arrested. As far as this petitioner is concerned, he is in no way connected with the crime.

4. However, this Court on considering the fact that the petitioner herein is the owner of the eight illegal Borewells which is meant for drawing water for sale, finds merit in the complaint.

5. Taking note of the fact that when the illegal act attempted to be prevented by the Village Administrative Officer, this petitioner and others had prevented the Government officials from discharging their duty and the nature of the complaint, hence, anticipatory bail cannot be granted in the case of this nature.

6. Accordingly, this Criminal Original Petition stands dismissed. 03.09.2025 Vv 2/4

To 1.The Judicial Magistrate Court-II, Ponneri.

2. The Inspector of Police, E-5, Sholavaram Police Station, Avadi City, Thiruvallur District.

4. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

Vv Crl.O.P.No.24160 of 2025 03.09.2025 4/4