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Madras High CourtCRL OP/30599/2025granted

Sunil @ Akni, v. State Rep By The Inspector Of Police

2025-11-10Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.30599 of 2025 1.Sunil @ Akni 2.Vignesh @ Kulla ... Petitioners

Versus

The State rep by its, The Inspector of Police, Cheyyar Police Station, Tiruvannamalai District.

(Crime No.486 of 2025) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioners on bail in the event of his arrest in Crime No.486 of 2025 on the file of the respondent police.

For Petitioners :

Mr.A.Saranraj For Respondent :

Mr.S.Udaya Kumar, Government Advocate (Crl. Side)

O R D E R

The petitioners, who apprehend arrest by the respondent police for the offence punishable under Sections 296(b), 123, 132 of BNS, in Crime No.486 of 2025 seeks anticipatory bail.

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2.The case of the prosecution is that the petitioners along with other accused were found to be in illegal possession and use of Tydol 100mg tablets and syringes.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the co-accused/A2 was released on bail by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the first petitioner has one previous case, under offence of 305 of BNS, and the second petitioner has no previous case pending against them. However, he opposed for grant of anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

6. Considering the submissions made by the learned counsel on either side and the fact that the co-accused was released on bail by this Court in Crl.OP.No.30441 of 2025 dated 07.11.2025. Since the custodial 2/5

interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioner are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Cheyyar, Tiruvannamalai District, on condition that the petitioner shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only), each 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 and on further condition that:

(a) 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 petitioners shall report before the respondent police, everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial; 3/5

(d) the petitioners shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

10.11.2025 drl To 1.The Judicial Magistrate, Cheyyar, Tiruvannamalai.

2. The Inspector of Police, Cheyyar Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

drl 4/5

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