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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.24144 of 2025 Krishnan ... Petitioner Vs.

State rep by The Inspector of Police, Molasi Police Station, Namakkal District.

... Respondent (Cr.No.94 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 his arrest in Cr.No.94 of 2025 pending investigation on the file respondent police.

For Petitioner :

Mr.C.S.Saravanan For Respondent :

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

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 127(2), 115(2), 118(1), 1/5

308(4), 352(2) of BNS 2023 in Crime No.94 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. A complaint by one Nepal Roy, native of West Bengal received by the respondent police on 15.08.2025 informing that migrant workers from West Bengal been taken to the Mill of this petitioner and confined illegally for extorting money. He further states that Rs.60,000/- by ATM and G-Pay after obtaining the pin number was withdrawn by the abductors.

3. The learned counsel appearing for the petitioner submitted that the offences were committed by the other accused were already arrested by the respondent police without his knowledge and instruction, the migrant workers been illegally confined in his Mill. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the wrongful confinement of the defacto complainant and others was on the instructions of the petitioner and he has knowledge and role in the said crime. Hence, he opposed to grant bail to the petitioner. 2/5

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

6. Considering the fact that the persons who have directly involved in the crime already been secured and the petitioner herein claims ignorance of the incident, 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 19.09.2025, before the learned Judicial Magistrate Kumarapalayam on condition that each of the petitioners shall execute separate bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum 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 fail to surrender before the concerned Magistrate on or before 19.09.2025, 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 3/5

obtain a copy of any one of the identity proofs to ensure their identity;

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

[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. 03.09.2025 Vv To 1.The Judicial Magistrate, Kumarapalayam.

2. The Inspector of Police, Molasi Police Station, Namakkal District.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

Vv Crl.O.P.No.24144 of 2025 03.09.2025 5/5