Bharath 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.25684 of 2025 Bharath ... Petitioner / A1 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 enlarge the petitioners on bail in the event of their arrest in connection with 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)

O R D E R

The petitioner herein apprehends 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 1/6

of 2025, on the file of the respondent Police, seeks 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 petitioner submit that no such occurrence took place and this petitioner was 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.

5.This Court on an earlier occasion dismissed the anticipatory bail petition of these petitioners in Crl.O.P.No.23635 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 there are no previous cases pending against the petitioner. 2/6

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 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 - II, Thirupathur, 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, 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 within a period of fifteen days from the date on which the order copy made ready, 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 obtain a copy of any one of the identity proofs to ensure their identity;

[c] the petitioner shall report before the 3/6

respondent police daily at 10.00 a.m., for a period of two weeks and thereafter as 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 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. 18.09.2025 smv To 1.The Inspector of Police, Kurisilapet Police Station, 4/6

Thirupathur.

2.Judicial Magistrate - II, Thirupathur.

3.The Public Prosecutor, High Court of Madras.

MR.K.RAJASEKAR, J.

smv 5/6

Crl.O.P.No.25684 of 2025 18.09.2025 6/6