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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Harikrishnan S/o. Kandavel, No. 151-8, Kurinji Nagar, Narayanan Nagar, Salem District.

Petitioner/A7 Vs The State Rep by, The Inspector of Police, Kitchipalayam Police Station, Salem District. Crime No. 153/2025 Respondent Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioner in the event of their arrest by the respondent police in pursuant to the FIR in Crime No. 153 of 2025 on the file of the respondent police.

For Petitioner(s): Mr.C.R.Gokulvisvas For Respondent(s): Mr.S.Udayakumar Government Advocate [Criminal Side]

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 127(2), 296(b), 310(2), 311 and 351(3) of BNS in Crime No. 153 of 2025 on the file of the respondent Police, seeks anticipatory bail.

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2. The allegation against the petitioner is that the petitioner along with other accused persons waylaid the de-facto complainant by abusing filthy language, threatening with knife and robbed a sum of Rs.6,000/- from the de-facto complainant. Hence the complaint.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He submits that he has not committed any offence as alleged by the prosecution. He also submits that the petitioner accompanying with the other co-accused and the co-accused had already been arrested and released on bail. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that the other co-accused had already been arrested and released on bail and there is no previous case pending against the petitioner herein. However, he opposed for grant of anticipatory bail to the petitioner. 2/6

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

6. Considering the facts and circumstances of the case, submissions made by learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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.II, Salem, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 fifteen 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 3/6

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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 17.09.2025 MSM To 1.The Judicial Magistrate No. II, Salem.

2.The State Rep by, The Inspector of Police, Kitchipalayam Police Station, Salem District.

Crime No. 153/2025

3. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM Crl.O.P.No. 24322 of 2025 17.09.2025 5/6