Surya v. State Represented By, The Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. SURYA S/o Vijayakumar, Residing at No. 5/2, Selva Vinayagar Kovil Street, Washermenpet, Chennai - 600021.

Petitioner(s) Vs

1. State represented by, The SubInspector of Police, H-1 Washermenpet Police Station, Chennai - 600021.

Respondent(s) PRAYER To enlarge the petitioner on Anticipatory Bail in the event of his arrest in connection with Crime No.548 of 2025 on the file of the Respondent Police and thus render justice.

For Petitioner(s):

D Kushal Kumar S.Hemanth For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 191(2), 126(2), 296(b), 115(2), 309(4) of BNS Act and section 3 of the Tamilnadu Public Property (Prevention of Damage and Loss) Act in Crime No.548 of 2025, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, under the influence of alcohol drove the two wheeler in a rash manner and dashed against the car driven by the defacto complainant and when it was questioned by the defacto complainant and his friends in the car, the named accused and their friends, who came there picked quarrel with the defacto complainant and his friends, abused them in filthy language and attacked them and also damaged the car. The damage has been assessed at Rs.4,800/-. Hence the case.

3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and prays to grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reported the petitioner is also involved in the offence and also having one previous case registered under Section 75 of City Police Act. It is also reported that arrested accused released on bail. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the fact that already arrested accused released on bail, the petitioner is also having only one previous case i.e., City Police Act, 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 XV Metropolitan Magistrate, Chennai, 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:

(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.

(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.

10-10-2025 mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The XV Metropolitan Magistrate, Chennai.

2.State represented by, The SubInspector of Police, H-1 Washermenpet Police Station, Chennai - 600021.

3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 27723 of 10-10-2025