Madhan Kumar v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2025

CORAM

THE HON'BLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.25683 of 2025 1.Madhan Kumar 2.Thirupathi ... Petitioners/A2 & A3 Vs.

State rep by The Inspector of Police, Kurisilapet Police Station, Thirupathur.

... Respondent (Cr.No.105 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioners, in the event of their arrest concerned in Cr.No.105 of 2025 on the file respondent police.

For Petitioners :

Mr.K.Sathish kumar For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl.Side) 1/6

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Section 7(1)(a) of Criminal Law Amendment Act, 2005 and Section 351(3) of BNS, 2023 in Crime No.105 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner along with others under the guise of celebrating a birthday party at midnight on 18.08.2025 and 19.08.2025 have carried a patta knife and roamed around the bus stand threatening the public, that they would damage the vehicles to show their power and also wanted to disturb the public peace. 3.The learned counsel for the petitioners submits that no such occurrence took place and these petitioners were not present at the alleged time of occurrence and that no birthday party celebrating in public was conducted.

4.The learned Govt. Advocate (Crl. Side) appearing for the respondent submits that the CCTV footage and the video clipping circulated by the accused persons themselves to the social media group indicate their involvement in the alleged crime.

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5.This Court on an earlier occasion dismissed the anticipatory bail petition of these petitioners in Crl.O.P.No.23636 of 2025 dated 26.08.2025. Now it is submitted by the learned counsel for the petitioner that one of the arrested accused was released on bail and it is reported that the 1st petitioner is aged about 19 years and there are no previous cases pending against these petitioners.

6.Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate - II, Thirupathur on condition that each of the petitioners shall execute separate 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that [a] if the petitioners fail to surrender before the concerned Magistrate within a period of fifteen (15) days from the date on which the order copy made ready, this order shall stand automatically cancelled; 3/6

[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 petitioners shall report before the respondent police daily at 10.00 a.m., for a period of two weeks and thereafter, as and when required for the interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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. 18.09.2025 smv 4/6

To 1.The Judicial Magistrate - II, Thirupathur.

2.The Inspector of Police, Kurisilapet Police Station, Thirupathur.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

smv Crl.O.P.No.25683 of 2025 18.09.2025 6/6