R.Suryaprabhu v. State Represented By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-09-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL.OP.No.25967 of 2025 R.Suryaprabhu Petitioner
Versus
The State, Represented by The Inspector of Police, Traffic Investigation Wing, Chromepet, @ S-12, Chitlapakkam Police Station Chengalpattu District.
Crime No. 342 of 2025.
Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS, 2023, praying to enlarge the petitioner on bail in the event of his arrest a case in Crime No. 342 of 2025 pending investigation on the file of the respondent.
For Petitioner :
Mr.R.Bhalasubramaniom For Respondent :
Mr.S.Udayakumar, Government Advocate (Criminal Side) --
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 279 and 304A of IPC and altered under sections 281 & 106(1) from under Sections 281 and 125(a) of BNS, 2023 in Crime No. 342 of 2025 on the file of the Page Nos.1/7
respondent Police, seeks anticipatory bail.
2.The allegation against the petitioner is that on 11.09.2025 at about 7.30 am, the petitioner herein drove his two wheeler in a rash and negligent manner and hit the father of the de-facto complainant, resulting in which, he sustained severe head injuries. While he was taking treatment, he died. Later, the respondent police registered a case against the petitioner for the offences under Sections 279 and 304A of IPC and subsequently, altered under sections 281 & 106(1) from under Sections 281 and 125(a) of BNS, 2023.
3. The learned counsel for the petitioner submits that the petitioner has not driven the vehicle in a rash and negligent manner and drove the same slowly on the highway. However, the deceased suddenly entered into the road, resulting in which, the accident had happened. He submits that he has not committed any offence as alleged by the prosecution. 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 Page Nos.2/7
petitioner.
4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that investigation has not been completed. However, he opposed for grant of anticipatory bail to the petitioner.
5. Heard the learned counsels and perused the materials available on record.
6. On perusal of records as well as the alteration report filed by the respondent police, it reveals that the petitioner drove his two wheeler in an appropriate speed on the highway and there is no violation of traffic rules committed by the petitioner and therefore, custodial interrogation is not required in this case and hence, 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 Page Nos.3/7
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, Tambaram, 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 obtain a copy of any one of the identity proofs to ensure their identity;
[c] the petitioner shall report before the Page Nos.4/7
respondent Police daily at 10.30 a.m for a period of two weeks 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]; e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 22.09.2025 MSM Page Nos.5/7
To 1.The Judicial Magistrate - II, Tambaram.
2.The Inspector of Police, Traffic Investigation Wing, Chromepet, @ S-12, Chitlapakkam Police Station, Chengalpattu District.
Crime No. 342 of 2025.
3.The Public Prosecutor, High Court, Madras.
Page Nos.6/7
K. RAJASEKAR, J., MSM CRL.OP.No. 25967 of 2025 22-09-2025 Page Nos.7/7