← Library
Madras High CourtCRL OP/28764/2025granted

Akbar v. State Rep .By The Insepctor Of Police

2025-10-23Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Akbar Petitioner(s) Vs State Rep .by The Inspector of Police Vaniyambadi Taluk Police Station, Tirupathur District. Crime No.

331/2025.

Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on anticipatory bail in connection with Crime No. 331/2025 on the file of Vaniyambadi Taluk Police Station, Tirupathur District.

For Petitioner(s):

Mr.Udhayaraj For Respondent(s):

Mr.S.Udayakumar Government Advocate Crl.side

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), and 109(1) of BNS, 2023, in Crime No.331 of 2025 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that, due to previous enmity, the petitioner along with other accused attacked the de facto complainant using knife. Due to which, the de facto complainant sustained grievous injuries. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the

respondent police while opposing for granting anticipatory bail to the petitioner, reiterated the prosecution case and stated that there is no previous cases pending against the petitioner and the injured discharged from the hospital.

5. Heard the learned counsels and perused the materials available on record.

6. Considering the fact that the injured discharged from the hospital and there is no previous cases pending against this petitioner, 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 event of arrest or on his appearance before the learned Judicial Magistrate Court No.I, Vaniyambadi 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] 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; [b] the petitioner shall report before the respondent police daily at 10.30 am.

, for a period of two weeks, and thereafter as and when required for interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] 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.

SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

23-10-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State Rep .by The Insepctor of Police Vaniyambadi Taluk Police Station, Tirupathur District. Crime No.

331/2025.

2.The Judicial Magistrate Court No.I Vaniyambadi.

3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 28764 of 23-10-2025