M.M.Arun v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. M.M.Arun S/o. Munusamy No. 5556, T.N.H.B, Ayyapakkam, Chennai- 600 077 Petitioner(s) Vs

1. State rep by Inspector of Police T-7, Tank Factory Police Station at Avadi Chennai.

Respondent(s) PRAYER To enlarge me on bail in the event of his arrest in Crime no.632 of 2024 for the offence U/s. 140 (3) of B.N.S. 2023 on the file of Inspector of Police T-7, Tank Factory Police Station at Avadi and thus render justice. For Petitioner(s):

Thiru Saravanan Sukumaran Mercy Anna Pushpam Dheena Dayalan S.Sathish Kumar

For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.side)

ORDER

The petitioner apprehends arrest for the alleged offence under Section 140(3) of BNS Act in Crime No.632 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that he joined hands with other accused threatened the defacto complainant, since he failed to return the car which is handed over to him. The defacto complainant had hypothecated the same car to another person. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. Therefore, he prays to grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reported that the petitioner is arrayed as A2 in this case and

threatened the defacto complainant. He further submitted that there are no previous cases pending against this petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the overtact of the petitioner, which is a case of threatening with no injury caused to the defacto complainant, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Ambattur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police everyday 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 aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

24-09-2025 mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Judicial Magistrate, Ambattur.

2.State rep by Inspector of Police T-7, Tank Factory Police Station at Avadi Chennai.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 26217 of 24-09-2025