Adhi Alais Athishyaraj v. The State Of Tamil Nadu,Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2025

CORAM:

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Adhi @ Athishyaraj ... Petitioner

Versus

The State of Tamil Nadu, Rep. by The Inspector of Police, Perambur GRP Police Station, Chennai.

(Crime No.376 of 2025) .. Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime.No.376 of 2025 pending on the file of the respondent.

For Petitioner : Mr. M. Illiyas For Respondent : Mr. S. Santhosh, Government Advocate (Criminal Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(2), 190, 191(2), 191(3), and 351(3) of the Bharatiya Nyaya Sanhita, (BNS), 2023, r/w Sections 145(b), 152, 153 of the Railways Act,

1989, in Crime No.376 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that on 11.09.2025, the petitioner, along with other accused, engaged in a wordy quarrel with the friends of the defacto complainant regarding daily train travel from Arakkonam to Beach station. During the altercation, the petitioner and other accused abused the defacto complainant and her friends in filthy language, assaulted them with hands and stones, and also threatened them with dire consequences. Hence, this case.

3.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case; that the petitioner had never committed any offence as alleged by the prosecution; and that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and sought for anticipatory bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that the petitioner is a college student, during the train travel, a wordy quarrel arose between the students of two different colleges, which escalated into verbal and physical assault. Further, he submitted that the petitioner has no bad antecedents, the investigation is still pending, and opposed for the grant of anticipatory bail to the petitioner.

5.

Taking note of the facts and circumstances of the case, the nature of allegation against the petitioner, submissions made by the learned counsels on either side, the fact that the petitioner has no previous criminal antecedents, and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is 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 days from the date on which the order copy made ready, before the learned XVI Metropolitan Magistrate, G.T, Chennai, on condition that the

petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police daily at 5:00 P.M., until further orders;

[c] the petitioner shall not tamper with evidence or witness either during the investigation or during the trial; [d] the petitioner shall not abscond either during investigation or during the trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner was 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)AIR SCW 5560].

[f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 03.10.2025 klt Note:-

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

N.SENTHILKUMAR, J.

klt To 1.The XVI Metropolitan Magistrate, G.T, Chennai. 2.The Inspector of Police, Perambur GRP Police Station, Chennai.

(Crime No.376 of 2025) 3.The Public Prosecutor, High Court of Madras, Chennai - 104. 03.10.2025