Balaji @ Munuswamy v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.29502 of 2025 Balaji @ Munuswamy ... Petitioner Vs.

State Rep. By:- Inspector of Police, Veppanapalli Police Station, Krishnagiri - 635 121.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.277 of 2025 on the file of the respondent police.

For Petitioner :

Mr.G.Mohanakrishnan For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(2), 318(4), 351(2) of BNS, 2023 in Crime No.277 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner along with other accused bought a sum of Rs.18,50,000/- from the defacto complainant and other people by assuring that they will get a permission from the Police Officials for conducting seval sandai (cock fight event) in their area, and failed to do the same and also they did not repay the above said amount. 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 would further submit that the petitioner is a friend of A1 and he has nothing to do with the alleged crime. The petitioner is a law abiding citizen and he is the only breadwinner of his family and he is ready to abide by any condition to be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the first accused already arrested and released on bail. Hence, he opposed for grant of anticipatory bail to the petitioner.

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

6. Considering the submissions made by the learned counsels on either side and also considering the fact that the main accused in this case has already been arrested and released on bail, 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, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Krishnagiri, 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 ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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[b] the sureties shall affix his 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 concerned Judicial Magistrate on all working day at 10.30.a.m., for a period of three 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 petitioners 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. 05.11.2025 kmm 4/6

To

1. The Inspector of Police, Veppanapalli Police Station, Krishnagiri - 635 121.

2.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

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