Prithivi Raj v. The State Rep By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.30425 of 2025
1. Prithivi Raj
2. Nivedha ... Petitioners Vs.
The State rep by The Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai District.
... Respondent (Cr.No.395 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on anticipatory bail in the event of their arrest by the respondent in Crime No.395 of 2025 on the file of the respondent.
For Petitioners : No Appearance For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)
ORDER
The petitioners, who apprehend arrest for the alleged offence under Sections 126(2), 296(b), 118(1), 309(6), 311, 324(4), 351(3) of BNS,2023 in Crime No.395 of 2025, on the file of the respondent police seek 1/5
anticipatory bail.
2. Today, there is no representation for the petitioner.
3. The case of the prosecution is that the petitioners have waylaid the defacto complainant's husband and demanded money. When the defacto complainant's husband refused to give the same, the petitioners assaulted him with deadly weapons and extorted money from him. Hence, the case.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and reported that injured discharged from the hospital and there are no previous cases against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record .
6. Considering the facts and circumstances of the case, the submissions 2/5
made by both counsel, the injured discharged from the hospital and no previous cases reported, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned XXIII Metropolitan Magistrate, Saidapet on condition that each of the petitioners shall execute separate bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that: (a) If the petitioners 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 petitioners shall report before the 3/5
respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory 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 Act.
07.11.2025 Vv To
1. The XXIII Metropolitan Magistrate, Saidapet
2. The Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai District.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
K.RAJASEKAR , J.
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