Aamar v. State By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP No. 30016 of 2025 Aamar .... Petitioner/A5 Vs The State rep. by The Inspector of Police K-9, Thiru-Vi-Ka-Nagar Police Station Chennai Crime No. 263 of 2025.

....Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest in connection with the Crime No. 263 of 2025 on the file of the respondent police.

For Petitioner : Mr.P.Praveen Kumar For Respondent : Mr.S.Udayakumar 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 126, 296(b), 109, 351(3) 1/6

of BNS, 2023 in Crime No. 263 of 2025 on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that on 28.09.2025, the petitioner joining with other accused verbally abused and assaulted the defacto complainant with deadly weapons and caused serious injuries. Hence the complaint.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case based on the confession of co-accused. He further submits that the co-accused were granted anticipatory bail in Crl.M.P.No.10420 of 2025 on the file of Principal Sessions Judge, Chennai. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Government Advocate (Criminal side) appearing for the respondent police, reiterated the prosecution case and submits that the petitioner has four previous case and one case under Section 307 IPC is pending against him. He further submits that the injured is discharged from the hospital. He further submits that this occurrence counter case in Crime No. 265 of 2025 for the offences under Sections 126, 296(b), 118(1) and 351(3) of BNS, 2023 registered against the de-facto complaint. He further submits that the co-accused were granted anticipatory bail in Crl.MP.No.10420 of 2025 on the file of Principal Sessions Judge, Chennai.

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

6. Considering the fact that counter case is also registered in Crime No. 265 of 2025 against the de-facto complainant; that the injured is discharged from the hospital; that the co-accused were granted anticipatory 3/6

bail by the learned Principal Sessions Judge, Chennai, 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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned V 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 that:

(a) If the petitioners fails to surrender before the concerned Magistrate, within a period of fifteen 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 4/6

[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 respondent police at 10.30 am for a period of two 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 themselves 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 5/6

can be registered under Section 269 of B.N.S. 05.11.2025 MSM To 1.The V Metropolitan Magistrate, Chennai.

2.The Inspector of Police K-9, Thiru-Vi-Ka-Nagar Police Station Chennai, Crime No. 263 of 2025.

3. The Public Prosecutor, High Court of Madras. 6/6

K.RAJASEKAR , J.

MSM Crl.O.P.No. 30016 of 2025 7/6

05.11.2025 8/6